USDA Prevails in Student's Legal Challenge Over Milk Marketing Rules
Source: DairyNews.today
The U.S. Department of Agriculture (USDA) successfully defended against a lawsuit brought by a high school student who claimed her First Amendment rights were violated when she was prohibited from openly criticizing cow’s milk and promoting non-dairy alternatives, including through the National School Lunch Program, according to a federal court ruling.
In a decision issued Saturday, U.S. District Judge Fernando Olguin in Los Angeles dismissed the case, ruling that Marielle Williamson, a former senior at Eagle Rock High School, lacked standing to sue the USDA and that her claims became moot following her graduation.
The dispute originated in 2023 when school administrators barred Williamson, a 17-year-old vegan, from distributing flyers that critiqued the dairy industry and promoted plant-based milk alternatives unless she also provided information supporting dairy milk. Williamson, along with the nonprofit Physicians Committee for Responsible Medicine, filed suit against the USDA and the Los Angeles Unified School District in May 2023.
While the school district reached a settlement in November 2023 acknowledging students' right to criticize dairy and committing to offer free soy milk to students, Williamson continued to pursue claims against the USDA. She argued that the department's prohibition on schools restricting the sale or marketing of dairy milk violated her free speech rights.
Judge Olguin, however, ruled that Williamson failed to demonstrate that the USDA had directly infringed on her speech or created a mechanism to penalize her. "Mere allegations of a subjective chill are not an adequate substitute for a claim of specific present objective harm or a threat of specific future harm," he wrote.
Williamson, now a sophomore at Duke University studying in China, declined to comment on the ruling. Deborah Press, associate general counsel at the Physicians Committee, suggested the nonprofit may explore additional legal avenues. “This case brought critical attention to the need for dairy alternatives in schools,” she said, emphasizing the ongoing challenges faced by students reliant on school meal programs.
The USDA did not immediately respond to requests for comment.
The case, Williamson et al v. U.S. Department of Agriculture et al, was filed in the U.S. District Court for the Central District of California, under case number 23-03307.
The dispute originated in 2023 when school administrators barred Williamson, a 17-year-old vegan, from distributing flyers that critiqued the dairy industry and promoted plant-based milk alternatives unless she also provided information supporting dairy milk. Williamson, along with the nonprofit Physicians Committee for Responsible Medicine, filed suit against the USDA and the Los Angeles Unified School District in May 2023.
While the school district reached a settlement in November 2023 acknowledging students' right to criticize dairy and committing to offer free soy milk to students, Williamson continued to pursue claims against the USDA. She argued that the department's prohibition on schools restricting the sale or marketing of dairy milk violated her free speech rights.
Judge Olguin, however, ruled that Williamson failed to demonstrate that the USDA had directly infringed on her speech or created a mechanism to penalize her. "Mere allegations of a subjective chill are not an adequate substitute for a claim of specific present objective harm or a threat of specific future harm," he wrote.
Williamson, now a sophomore at Duke University studying in China, declined to comment on the ruling. Deborah Press, associate general counsel at the Physicians Committee, suggested the nonprofit may explore additional legal avenues. “This case brought critical attention to the need for dairy alternatives in schools,” she said, emphasizing the ongoing challenges faced by students reliant on school meal programs.
The USDA did not immediately respond to requests for comment.
The case, Williamson et al v. U.S. Department of Agriculture et al, was filed in the U.S. District Court for the Central District of California, under case number 23-03307.
