Legal Challenge Looms Over Dairy Checkoff Program in the U.S.

A group of lawyers is building a case against the U.S. dairy checkoff program, alleging it operates unconstitutionally. Daniel Lennington from the Wisconsin Institute for Law and Liberty stated that the checkoff funds are being inappropriately allocated to environmental social governance (ESG) programs, such as the Dairy Net Zero initiative. These programs, he claims, unfairly target dairy farmers by blaming them for global warming.

Lennington argues that dairy farmers should not be compelled to contribute to a fund that potentially undermines their livelihood. He highlighted that the checkoff-supported programs impose additional record-keeping requirements on farmers. These include detailed disclosures about feeding formulas, herd die-off rates, and other specific farm operations.

The Trump administration opposed the Dairy Net Zero and ESG programs, yet the allocation of checkoff funds to these initiatives continues, according to Lennington. He emphasized that the checkoff is intended solely to promote dairy product purchases. He suggested that if the federal government ceases this practice, it might address the restraint-of-trade and monopoly issues posed by large multinational corporations against farmers.

Lennington's remarks were made during a discussion with Larry Lee from Brownfield Ag News, where he outlined the legal grounds for challenging the checkoff's use of funds.