Submitted by Drew Kaplan on June 18, 2010 – 9:16 pm
PORTLAND, Maine (AP) — Oakhurst Dairy Inc. is being sued by Monsanto
Co., which alleges that Oakhurst’s marketing campaign that touts its
milk as being free of artificial growth hormones is misleading. The
suit, filed in U.S. District Court in Boston, demands that Oakhurst stop
advertising that it doesn’t sell milk from hormone-treated cows. It also
asks that the dairy stop putting labels on its milk containers reading
“Our Farmers’ Pledge: No Artificial Growth Hormones.” Monsanto officials
said Oakhurst’s ads and labels are deceptive and disparage Monsanto’s
products with the inference that milk from untreated cows is better than
milk from hormone-treated cows.
“We believe Oakhurst labels deceive consumers; they’re marketing a
perception that one milk product is safer or of higher quality than
other milk,” said Jennifer Garrett, director of technical services for
Monsanto’s dairy business. “Numerous scientific and regulatory reviews
throughout the world demonstrate that that’s unfounded. The milk is the
same, and the amount of protein, fats, nutrients, etc. are all the
same.”
Oakhurst President Stanley Bennett II said his dairy sells milk without
artificial growth hormones because of consumer demands. Oakhurst about
five years ago began buying milk only from farms that pledge in writing
that they won’t use artificial hormones.
“On principle, it’s also a question of free speech,” Bennett said. “The
world seems a little bit discombobulated when somebody attempts to
prohibit you from trying to do the right thing.”
Artificial growth hormone is a genetically engineered veterinary drug
given to cows to increase milk production. Another name for the drug is
recombinant bovine somatotropin, or rBST.
Many people oppose the use of rBST, believing it is linked to breast
cancer and premature puberty in children. But Monsanto and others argue
that no such link exists. Canada and the European Union have banned the
use of the hormone, but the Food and Drug Administration has approved it
for use in the United States.
Monsanto, which is based in St. Louis and is the leading producer of
rBST, had revenues of $4.7 billion in 2002. Oakhurst, based in Portland,
had sales of $185 million, according to Bennett.
Monsanto spokesman Lee Quarles said Monsanto has not filed similar
lawsuits against other dairies, but wouldn’t say whether more were
planned. Monsanto filed similar suits against two dairies in Illinois
about 10 years ago, and both were settled out of court under
confidential terms, he said.
.
The suit against Oakhurst claims unfair competition, unfair business
practices and interference with advantageous business relationships.
According to the suit, the business relationships between Monsanto and
dairy producers who use the artificial growth hormone have suffered
because the farmers will stop using the treatments.
Bennett said his company makes no claims on the science involved with
growth hormones. “We’re in the business of marketing milk, not
Monsanto’s drugs,” he said.
Earlier this year, Maine Attorney General Steven Rowe rejected a request
from Monsanto that Maine abandon its Quality Trademark Seal program that
indicates when milk is free of artificial growth hormones.
Monsanto argued that the seal, which was adopted in 1994, misleads
consumers into thinking that hormone-free milk is superior to milk using
an artificial growth hormone.
http://www.foxbghsuit.com/oakhurstdairy.htm
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