Ohio’s anti-consumer labeling restrictions threaten to eliminate the rbGH-free labels now placed on many dairy brands nationwide. Milk from cows injected with genetically modified bovine growth hormone (rbGH/rbST) has higher levels of pus, antibiotic-resistant bacteria, bovine growth hormone, and insulin-like growth factor-1—linked to higher rates of cancer and fraternal twins.

The Organic Trade Association and the International Dairy Foods Association sued the state of Ohio and LOST. Their case is now in appeal. Demand that Ohio abandon its deadly labeling requirements NOW, before a possible loss in the appeals court forces dairies nationwide to change their labels or give up rBGH-free labeling altogether.

What does Ohio’s law require?

The Ohio law makes specific terms, like “rbGH-free” or “rbST-free” illegal. It forces companies to spell out their claims, such as “The product is not from cows treated with bovine growth hormone.” If a company makes that claim, they are forced to include an even longer disclaimer, such as, “According to the FDA, there is no significant difference between the milk from cows supplemented with rbST, and those not supplemented.”

Furthermore, that disclaimer has to be in the same font size (and at least 7 pt font) as the original claim above, AND it has to be written on the same side of the carton as the claim. Some dairies have already said they are considering abandoning their rbGH-free claims altogether, rather than redesign their package with this nonsense.

Just to be clear, the FDA does NOT require this disclaimer. It was written by Michael Taylor, Monsanto’s former attorney, who was put in charge of FDA policy while Monsanto’s bovine growth hormone was being reviewed by the agency. He “suggested,” not required, dairies to use this disclaimer if they made rbGH-free claims. Taylor later became Monsanto’s vice president, and now he’s back at the FDA as the US food safety czar. Yikes! A few other states have also decided to require the disclaimer, and we will fight them too. But Ohio’s goes much farther with its placement and size requirements, that will discourage use of the rBGH-free claim altogether.