D.C. District Court Denies Injunction Request on COOL Regulations

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September 13, 2013

Earlier last month, the U.S. District Court for the District of Columbia denied an injunction request to stop the implementation of the COOL provisions.  Several U.S. and Canadian Meat Associations filed the lawsuit in early May after the Agriculture Department issued its final rule on the COOL statute.  The plaintiffs argued the rule was overly burdensome and violated the First Amendment.  However, Judge Ketanji Brown Jackson of the D.C. District Court wrote that the plaintiffs’ First Amendment argument was incorrect, explaining the regulations mandating the disclosure of where the animal was “born, raised, and slaughtered” is necessary to prevent any deception and provide more purchasing power to the consumer.  

On September 16, the U.S. and Canadian Meat Associations filed an appeal at the District of Columbia Court of Appeals.  The appeal was accepted and now the case will continue at the Court of Appeals.

Additionally, Canada requested a World Trade Organization (WTO) Dispute Settlement Body (DSB) panel to address similar concerns with U.S. COOL practices.  On August 30, 2013, the WTO Secretariat’s Information and External Relations Division summarized the meeting stating, “Following the US objection, the DSB deferred the establishment of panels under Article 21.5 of the DSU to examine these disputes, as requested by Canada and Mexico.”  Derestricted minutes of the meeting will be available on October 14, 2013.  

At the next DSB, held on September 25, 2013, Canada's and Mexico's request for the establishment of a panel will be discussed.

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