International Dairy Foods Ass'n v. Amestoy

MURTHA, Chief Judge.

RULING ON MOTION FOR INJUNCTION PENDING APPEAL (paper 74)

The plaintiffs claim that Vermont’s Labeling Law, 6 V.S.A. § 2754, is unconstitutional in that it violates the First Amendment, the Supremacy Clause and the Commerce Clause of the United States Constitution. On August 9, 1995, this Court denied the plaintiffs’ request for a preliminary injunction which would prohibit the state from enforcing 6 V.S.A. § 2754. The plaintiffs have appealed that ruling and have moved to enjoin enforcement of the rBST labeling law pending appeal. For the reasons set forth below, the…