CHOCOLATE MANUFACTURERS ASSOCIATION V. BLOCK
755 F.2d 1098 (4th Cir. 1985)
NATURE OF THE CASE: Chocolate (P) challenged an order that denied relief from a final
rule promulgated by Block (D) prohibiting the use of flavored milk in the federally funded
Special Supplemental Food Program for Woman, Infants, and Children under 7 C.F.R. 246.8.
FACTS: The WIC program was established to assist pregnant, postpartum, and breast-feeding
women, infants and young children whose physical and mental health was in danger because of
inadequate nutrition or health care. The Department designed food packages reflecting the
different nutritional needs of women, infants, and children and provided cash grants to
state or local agencies which distribute cash or vouchers to qualifying individuals in
accordance with Departmental regulations as to the type and quantity of food. The program
was revised and extended with modifications in 1975 and defined the terms 'supplemental
foods.' (See Cass 4th page 422 top). Pursuant to the definition, the Department promulgated
new regulations specifying the contents of WIC Program food packages. They specified that
flavored milk was ok for women and children but not infants. A new definition of
'supplemental foods' was issued in 1978. There was significant comment on the ills of high
content sugar foods but neither the rule nor the preamble discussed sugar in relation to
flavoring milk. The notice to the new 1978 rules gave sixty days for comment to the public.
Over 1,000 comments were received but 78 of them, mostly from local WIC administrators,
recommended that the agency delete flavored milk from the list of approved supplemental
foods. Flavored milk was deleted from the proposed regulations. CMA (P) was upset with the
deletion of flavored milk, as the Department did not provide notice that the disallowance of
flavored milk would be considered. The district court found in favor of the Secretary (D). P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment