Consumers Handed A Clear Win When Identifying Organic Dairy Products

BROOMFIELD, Colo. — WhiteWave Foods, the Broomfield-based company that makes Horizon Organic®, today applauds a decision made by the Sixth Circuit Court of Appeals.

“Consumers who look for milk and dairy products that are produced without the use of antibiotics, pesticides, and artificial growth hormones will continue to find their organic dairy products labeled this way,” said Mike Ferry, President, Horizon Organic. “This ruling is a clear win for the organic movement and for consumers who rely on organic dairy foods as a healthy and nutritious alternative to conventional dairy products. We are gratified that the appeals court has affirmed that the organic dairy movement can continue to tell its positive story.”

Nearly two years ago, the State of Ohio issued a regulation that severely restricted the organic milk industry's ability to make clear claims about the composition of its milk. Specifically, the rule restricted a company’s ability from simply stating that the milk it markets is rBST-free and produced without the use of antibiotics, added growth hormones or pesticides.

In an effort to protect the consumer's right to know what is in the organic milk they purchase, the Organic Trade Association (OTA) filed suit against the state of Ohio to stop the regulation from being implemented. Horizon Organic is a member of the OTA and was actively involved in supporting the organization’s efforts. The federal district court ruled against organics, stating that the regulation was permissible under the U.S. constitution. The OTA appealed this lower court decision to the Sixth Circuit Court of Appeals.

Today, the Sixth Circuit reversed the lower court decision, agreeing with us that consumers have a right to know how their dairy products are produced. The Sixth Circuit confirmed today that the First Amendment allows organic dairy products to proudly state that they are free from the synthetic growth hormone rBST.

About Horizon Organic

At Horizon Organic, we believe the choice for a healthy family and a healthy planet should be an easy one. We offer a delicious variety of certified organic dairy products and innovative natural dairy offerings to satisfy a broad range of consumer needs. Our commitment to a healthier planet includes offsetting the energy used to produce our products with clean, renewable wind power. In addition, we work with 569 certified organic family farms and in 2009 alone kept more than 15 million pounds of pesticides, herbicides and fertilizers out of the environment. Founded in 1991, Horizon Organic is a pioneer in the organic industry, the first company to supply organic milk nationally, and remains committed to providing great-tasting dairy products that make it easy for moms to provide nutritious options for her kids.

About WhiteWave Foods

WhiteWave Foods is a pioneer in creating healthy, innovative, responsibly-produced foods, including organic and natural leaders Horizon Organic® milk, Silk® Soymilk, as well as other favorites like International Delight® and LAND O LAKES®* cultured and liquid dairy products. WhiteWave, through a joint venture with Switzerland-based Hero Group, also produces Fruit2day®, a fruit juice beverage with real fruit bits that contains two servings of fruit. Based in Colorado, WhiteWave Foods is committed to sustainable and responsible business practices ranging from greenhouse gas, waste and water use reduction initiatives to ensuring food security for its local and global neighbors. The company was established in 2004 when Dean Foods Company (NYSE: DF) consolidated much of its branded business into one consumer packaged goods organization. For more information, visit the WhiteWave website at www.whitewavefoods.com, the WhiteWave blog at www.grazingmind.com, or follow WhiteWave on Facebook and Twitter.

Source: WhiteWave Foods