Judge denies FDA’s motion to dismiss lawsuit about whether additive-free skim milk can be labeled and sold as “skim milk”

The Food and Drug Administration’s motion to dismiss a lawsuit about whether additive-free skim milk can be labeled and sold as “skim milk” has been denied by a federal judge in Pennsylvania, according to a court ruling.

The lawsuit, filed by Maryland-based dairy farmer Randy Sowers and his wife Karen in April 2018, claims that the agency is violating his First Amendment rights by forcing him to lie to customers by labeling his products as “imitation skim milk” or “imitation milk,” due to the absence of synthetic vitamins A and D.

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