CORE-MARK INTERNATIONAL, INC. v. The Montana Board of Livestock. No. CV 15-05-H-SEH  (D. Mont.) November 1, 2018.

The State of Montana requires that milk be labelled to reflect the date 12 days after Pasteurization.   This “sell-by” date bears a reasonable relationship to promoting public health. The state’s prohibition of any dates or information relating to the quality of the milk — the “single date” rule — cannot be supported by speculation that more information, or the use of more than one date in connection with labeling information, would cause the public to become confused.  A hypothetical harm is not sufficient to support an intrusion on the milk company’s First Amendment interests.

Core-Mark Int’l, Inc. v. Mont. Bd. of Livestock (D. Mont., 2018)

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