https://www.foodsafetynews.com/2022/03/product-of-u-s-a-or-not-system-doesnt-bother-denvers-10th-circuit-court/ Skip to content Sponsored by Marler Clark Sponsored by Marler Clark Food Safety News logo Food Safety News Breaking news for everyone's consumption Menu HomeOutbreaksRecallsDirectoryEventsAbout UsMedia KitContact Us Search Close Enter Search Terms [ ] Search Food Safety News COOLabel_406x250.jpg 'Product of U.S.A. or Not' System Doesn't Bother Denver's 10th Circuit Court By Dan Flynn on March 16, 2022 Imperfect as it is, "Product of the U.S.A." labeling is good enough for government work, according to a 2-to-1 ruling by the 10th Circuit Court of Appeals in Denver. On appeal was the dismissal of a 2020 case brought by New Mexico cattle ranchers Robin Thornton and Michael Lucero. They claimed foreign beef often is mislabeled as "Product of the U.S.A." So-called "Big meat" including Tyson Foods, Cargill Meat Solutions, JBS USA, and National Beef Packing Co., were all named as defendants in the federal court case. The case was on appeal to the 10th Circuit after being dismissed by the District Court last year. The Appeals court ruling affirmed the dismissal. It means cattle born and raised in another country may still be sold as "product of the U.S.A" if some simple processing occurs in the United States. "Allowing plaintiffs to impose (a different label standard) would impose a requirement different from what USDA's Food Safety and Inspection Service (FSIS) has already approved as consistent with the Federal Meat Inspection Act," said Denver Circuit Judge Nancy Moritz. She wrote the 21-page ruling. The FSIS permits the "Protect of the U.S.A." label on meat that is "further processed" in the United States. It's a system that is all but certain to fool consumers, according to the U.S. meat consumers. Denver's Senior Circuit Court Judge Carlos Lucero wrote a minority opinion. He said it's misleading to put a "Product of the U.S.A." label on products from animals primarily raised outside of the United States. The cattlemen also brought state misleading labeling claims, and the 10th Circuit ruling found the state issues were preempted by federal law. Judge Lucero said the case was "a paradigmatic example of the federal-state balance Congress intended" in enacting the Federal Meat Inspection Act (MNIA). He said if consumers are deceived by the label, "Product of the U.S.A.," then that label violates both the FMIA and USDA regulations. "Congress most assuredly could not have intended to rubber stamp deception as to the national origin of beef," the judge wrote. Cattle producers and consumers haven't are not giving up. They are now campaigning for the American Beef Labeling Act (S.2716), sponsored by senators from both political parties, It will reinstate beef's Mandatory Country of Origin Labeling (M-COOL). It guarantees that consumers know where their beef was born, raised, slaughtered, and processed. Cattlemen believe it also helps create a level playing field for American ranchers by assisting them to get a fair price. (To sign up for a free subscription to Food Safety News, click here.) Tags: "Product of U.S.A", 10th Circuit, COOL, dismissal Print: Email this postTweet this postLike this postShare this post on LinkedIn FSN Editors Show/Hide * Dan Flynn * Coral Beach FSN Writers & Contributors Stay Connected RSS Facebook Twitter Subscribe Subscribe by email [ ] Your website url [Website ] [Subscribe] Events Calendar Food Recalls * Fresh Creative Foods recalls products from 20 states after finding plastic pieces * Cheese recalled because of link to Listeria infections * USDA alert warns of plastic pieces in Trader Joe's chicken salad * Consumers warned about poison in sand ginger powder; two sent to the hospital with heart issues More Recalls Editorials & Guest Opinions Beach Beat: We need food safety boots on the ground and we need them right now By Coral Beach on March 17, 2022 Food safety for smaller operations: Wearing all the food safety hats at once By Guest Contributor on March 13, 2022 A letter to public health officials: Act now to make Cronobacter illnesses reportable By STOP Foodborne Illness on March 12, 2022 More Op-Eds Letters to the Editor Latest from Twitter Tweets by @foodsafetynews Food Safety Guides * Cooking Temperatures * Cross-Contamination * Foodborne Pathogens Find Your Health Department Restaurant Inspections eFood Alert Blog Marler Blog Food Safety News Food Safety News 1012 First Avenue Fifth Floor Seattle, Washington 98104-1008 RSS Facebook Twitter Subscribe * Consumer Education * Enforcement * Events * Food Policy & Law * Food Recalls * Food Safety Guides * Foodborne Illness Investigations * Nutrition & Public Health * Opinion & Contributed Articles * Science & Research * Sustainability * Technology * Victim Stories * World * Foodborne Illness Outbreaks * For Foodies * Government Agencies * Lawsuits & Litigation * Letters to the Editor * Local Food * Media Kit Copyright (c) 2022, Marler Clark. 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