Dean Foods Co. v. Wisconsin Department of Agriculture

OPINION AND ORDER

JAMES E. DOYLE, District Judge.

When plaintiff’s motion for a preliminary injunction was briefed and argued, plaintiff contended that Wis.Stats. § 97.48(1)1 was inapplicable to Choco-Riffic. Plaintiff asserted that § 97.48(1) “is simply a labeling statute designed to prevent consumer confusion and deception. . .. ” Memorandum in support of motion for temporary restraining order, filed February 14, 1978, pages 2-3. It was undisputed, and no doubt it remains undisputed, that the label borne by Choco-Riffic states: “A NONDAIRY DRINK — CONTAINS NO MILK-FAT.” Therefore, plaintiff…