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Legislation and Regulation Keyed to Manning, 5th Ed.
Chocolate Manufacturers Association v. Block
Citation:
755 F.2d 1098 (1985)Facts
Since its inception in 1973, the WIC Program had included flavored milk as an acceptable food. In 1978, Congress redefined “supplemental foods” for the program and directed the USDA to ensure appropriate levels of fat, sugar, and salt in WIC foods. In November 1979, the USDA published a proposed rule that continued to allow “flavored or unflavored” milk in food packages for women and children. The preamble discussed concerns about sugar content in cereals and juices but made no mention of sugar in flavored milk. During the comment period, 78 commenters (mostly local WIC administrators) recommended eliminating flavored milk due to its higher sugar content. The USDA’s final rule, published in 1980, eliminated flavored milk, citing these comments and concerns about sugar content. The CMA, which had not commented on the proposed rule, petitioned to reopen the rulemaking, arguing it had been misled into believing flavored milk would not be eliminated.
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