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.