Members of the meat industry expressed their approval over last week’s decision from the U.S. Court of Appeals that it would review en banc the case declaring USDA’s Country-of-Origin Labeling (COOL) Rule unconstitutional. The previous decision by the court has been vacated.
This decision comes from a suggestion by the original panel of Appeals Court judges who said, in their decision, that “the full court hear this case en banc to resolve for the circuit whether, under Zauderer, government interests in addition to correction deception can sustain a commercial speech mandate that compels firms to disclose purely factual and non-controversial information.” The full court ordered that the case will be reheard. Oral arguments will be taken on May 19, 2014.