Oregon Raw Milk


Anderson v. Coba
Oregon Dairy Farmer Challenges Censorship of Raw Milk Advertising
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IJ Client Christine Anderson

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Watch Raw Deal: Raw Milk Farmers Fight Censorship

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In Oregon, it was perfectly legal for Christine Anderson, owner of Cast Iron Farm, about an hour outside of Portland, to sell raw—that is, unpasteurized—milk . . . so long as she did not talk about it. That was because the state flatly banned the advertisement of this lawful product. That meant Christine was prohibited from putting flyers on the bulletin board of the local health food store or price information on her farm’s website. She was not even allowed to have a roadside sign at the farm saying, “We’ve Got Raw Milk.” In fact, engaging in such speech would have subjected Christine to a fine of $6,250 and civil penalties as high as $10,000—plus a year in jail.

Oregon’s censorship of truthful commercial speech harmed farmers and consumers alike. Consumers, who increasingly seek out raw milk for its unique taste and nutritional benefits, had an incredibly difficult time finding the product because farmers were not free to promote it. Farmers were also forbidden from promoting the safety and testing measures they undertake in producing their milk, and consumers, in turn, were deprived of the ability to know exactly how a farmer’s milk was produced. Oregon’s ban resulted in a market where the free flow of information from farmer to consumer was not only impeded, but outlawed.

Oregon’s farmers have a constitutional right to promote the products they offer. That is why the Institute for Justice joined with Christine to take on Oregon’s dairy censors. On November 19, 2013, they filed a First Amendment challenge in federal court to strike down Oregon’s raw milk advertising ban so that farmers could freely and proudly speak about the wonderful products they have to offer. The case was part of IJ’s National Food Freedom Initiative (view our Minnesota Cottage Food case and our Florida Veggies case).

On February 13, 2014, Oregon backed down. The director of the state’s Department of Agriculture issued a directive ordering Department personnel not to enforce the advertising ban and agreed to urge the legislature to repeal it. Because of Christine’s courageous stand for free speech, Oregon farmers are now free to promote their products.

 
 
 

Essential Background

Audio, Video and Images

Backgrounder: Got Free Speech?  Oregon Dairy Farmer Challenges Censorship of Raw Milk Advertising

Client Video

Client Photos

Latest Release: Oregon Farmer Wins Case Challenging Raw Milk Advertising Ban (February 13, 2014) Press conference video (November 19, 2013)

Launch Release: Oregon Farmer Challenges Ban on Raw Milk Advertising (November 19, 2013)

Legal Briefs and Decisions

Complaint filed (November 19,2013)

Case Timeline

Filed Lawsuit: 

 

November 19, 2013

Court Filed:

 

U.S District Court for the District of Oregon

Decision(s):

 

none available

 Current Court: U.S District Court for the District of Oregon

  Status:

 
Settled
  Next Key Date:

none

Additional Releases

Maps, Charts and Facts

none available

none available

 

Op-eds, News Articles and Links

Article: Raw milk advertising fight ends as it should: Editorial Agenda 2014 The Oregonian (February 20, 2014)

Article: Raw milk dairy farmer in Oregon wins fight against advertising ban The Oregonian (February 13, 2014)
Article: Dairy challenges Oregon raw milk ad ban Capital Press (November 20, 2013)
Article: Oregon farmer sues over raw milk advertising ban CNBC (November 20, 2013)

Opinion: Why we are challenging Oregon's ban on raw-milk advertising The Oregonian (November 19, 2013) 

Article: Raw milk producer sues Oregon Department of Agriculture over advertising ban The Oregonian (November 19, 2013)

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