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Administrative Law Keyed to Asimow
Chocolate Manufacturers Association v. Block
Citation:
755 F.2d 1098 (1985)Facts
The WIC Program was established in 1972 to provide supplemental foods to pregnant women, infants, and children from low-income families. Since its inception, chocolate flavored milk had been included as an acceptable food item. In 1978, Congress redefined “supplemental foods” and directed the Secretary to ensure appropriate fat, sugar, and salt content in WIC foods. The Department conducted extensive research and hearings before publishing a proposed rule in November 1979. The proposed rule and its preamble discussed sugar content in cereals and juices but did not mention concerns about sugar in flavored milk. The proposed rule explicitly listed “flavored or unflavored” milk as acceptable. During the comment period, 78 commenters (mostly local WIC administrators) recommended eliminating flavored milk due to its high sugar content. In the final rule published in 1980, the Department eliminated flavored milk, citing these comments and concerns about sugar content. CMA, which had not commented on the proposed rule because it saw no threat to flavored milk, petitioned to reopen the rulemaking. The Department initially agreed but later declined to do so.
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