11th Circuit Rules That It’s OK to Call Skim Milk “Skim Milk”

At the Volokh Conspiracy, Eugene Volokh analyzes the recent 11th Circuit decision in Ocheesee Creamery LLC v. Putnam. The court ruled that Florida violated the First Amendment by prohibiting a small dairy creamery from labeling its all-natural skim milk as “skim milk” because it lacked enough vitamin A (which occurs in the process of skimming cream from milk). Florida’s definition of “skim milk” required the replenishment of vitamin A, which the creamery did not do.