TALLAHASSEE, Fla. (AP) -- An all-natural diary fighting to call its skim milk "skim milk" against the wishes of the Florida Department of Agriculture won a victory in federal appeals court.
A three-judge panel on Monday struck down a decision that allowed the state to ban the Ocheesee Creamery from labeling its skim milk as skim milk because it doesn't add vitamins to it. The state wanted the creamery to call it imitation skim milk.
While the state defines skim milk as skim milk with Vitamin A added, the appeals court in Jacksonville said most people think of skim milk as the dictionary defines it: milk with cream removed.
The court said the Panhandle creamery isn't deceiving people when by calling the product skim milk and sent the case back to the district court.