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Monsanto sues Oakhurst Dairy over advertising

Submitted by on June 18, 2010 – 9:16 pm73 Comments

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

73 Comments »

  • Jackson Gillman says:

    Monsanto knows that it can’t win in the court of public opinion, so it tries anything it can to win in other ways, no matter how insidious and irrational. As it continues to wage its ludicrous litigation, the only thing it wins is being perceived as the poster child of corporate evil.

  • Bill says:

    Since when is advertising that your product is better than the competitors a crime?

  • Lang says:

    So why can’t the sugar industry sue food manufacturers that state “No Sugar Added” in their advertising? Isn’t that misleading? Isn’t that deceptive? Doesn’t that disparage all sugar-laden products? Is there proof that sugar is bad for you?

  • Raych says:

    Also “The Future of Food” is also an excellent documentary that shows what can and has happened to our evolution of food due to all these genetically modified food.

  • bmayler says:

    well, gang, first it was bp and now it will be monsanto — they’re next on “the flavor of extinction list for this month” — just let them all keep running their games and we’ll keep pointing out that it’s just not nice to mess with mother nature and she’ll get even — parasites beware! — mother nature has a long, long memory and is very forgiving — it’s obvious that her patience has run out with these grubbers and they’re on the fast track to their own inherited, irresponsible run on this terrain — as one of my little sisters used to say when she’d get annoyed with some acquaintance: “see ya, wouldn’t wanna be ya” — adios! don’t let that cow kick you in the head while you’re injecting her!! tsk! tsk!

    it truly is an exciting time to experience and to be a part of the birthing of a wonderful, clean, clear and just world — there are way too many of “us-es” that outnumber them and “thems” days are numbered — they are just not in tune with the wants & needs of every day people like you and me and will disappear one day right before the limelight that they so desperately crave — again, bye-bye — everybody sing: bye, bye, american pie, they drove their hormone-injected milk in their bp’d gasoline chevys to the levy and the levy IS dry — and that will be the day that they’ll just disappear —

    just don’t buy their stuff!! boycott their products now!! we have the power — they’ve always been on the run — now, they just can’t hide!! PAX & blessings always -

  • Kimbe says:

    Oakhurst has great milk! That it is a “no rBST” and local dairy make their product even better. Monsanto is the big bully trying to scare the small guy into doing their bidding. I DONT want big business agriculture telling me what is or is not safe in my food. I want to make that decision for myself

  • Well said Lissa. We aren’t stupid out here that we don’t see what is going on. Of course when production is increased the quality goes down, especially when ingredients are added that add health risk. We do have a right to know what is in our food so, Monsanto, you are actually calling attention to this growth hormone by sueing Oakherst. If there is no danger in having artificial hormones added to milk then why don’t you(Monsanto) put it on the labels. I’ll tell you why—because we all know that artificial anything is NOT good for you!!

  • Don Jusko says:

    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
    Monsanto said;
    The milk is the same, and the amount of protein, fats, nutrients, etc. are all the same.”
    Just say to Monsanto;
    The amount of fats may be the same but the quality is different. Wouldn’t it be in the fat that the hormones are transmitted? Isn’t that why we have so many fat people now?

  • TJ says:

    I to am heartened as well by the response in support of Oakhurst. Interestingly there are no pro Monsanto responses. And if there were would those responses really be from ordinary folk or from Monasnato’s marketing propoganda machine? It is a matter of time before hardworking people in Monnsanto wake up and smell the hormones and realize that their lives and children’s lives are worth nuturing and protecting in a natural way. Corporations for now have a legal identity. But it’s people that run these corporations and it’s my belief that they will begin to see a shift, if they haven’t already and turn to value and protect mother natures resources. This shift takes place in the heart of each of us. Even people who work for this corporation have a heart. They just need to be reminded that they do.

  • Etalia says:

    Wow — This looks like a desperate act by Monsanto. What are they afraid of? Losing a monopoly? Come on, Monsanto, play fair.

    Any self-respecting judge will totally shoot down this law suit.

    I don’t like bullies and Monsanto is behaving just like one.

  • Tracie Dane says:

    The USDA like most government agencies sold out the American consumer. Approved labeling supporting growth hormones based off evidence offered by Scientists hired from Monsanto. Now, our elected officials are squeezing the small organic farmer our of business with legislation only the corporate farmer can afford to abide by.

    When are all people going to vote out these corrupt politicians who keep caving in to special interest and stop defending them because they are either a democrat or republican?

  • Bill says:

    This is the same tactic exposed in the film “Food, Inc.” They (Monsanto) have no shame. They have the resources to make things very unpleasant for whoever they target.

  • Deborah says:

    This case is over and done with and happened over 4 years ago. The two parties settled out of court.

  • Ruth says:

    I am a Canadian who lives handy to the American/Canadian border. The milk in Canada is artificial hormone free, and it will stay that way unless the Canadian Government changes the law. Milk in Canada is more expensive than in the USA, and when I have to go “over across” for something, I often buy American milk, but the milk I buy, over there, is always artificial hormone free. I don’t think it has been proven that these hormones are good for the human body, (in fact, the opposite is true!!) and the hormones given, are hormones that make the cow (a female) give more milk. Doesn’t make sense to me to feed a male the female hormone, and that is what is happening when a human male….young or old….is drinking the milk that has the added artificial hormones in it. Someday, people are going to wake up to the fact that it is very true that YOU CAN`T FOOL MOTHER NATURE!!!!! Monsanto would like to rule the world in all the fields of agriculture. Keep up the good work Oakhurst…..it is your milk that I buy, when I buy American!!!

  • pickle says:

    Monsanto is criminal. Roundup, Miracle Grow, are hurting us not helping us. They also have deep pockets and
    too much control over people and govermental decision makers. They are deceiving and killing us for the sake of profit and borderline truthful advertising. Watch Food INC. Food Reform and Freedom to Choose. Free country right? Not anymore.

  • Denise says:

    Monsanto wants to rule the world! One industry at a time. They’ve been after all the Farmers in this continent to use their seeds and have Thousands of Agricultural Patents that were sanctioned by the US Supreme Courts. And of course, in direct violation of OUR CONSTITUTION laws. If you do any research on the company, you will note they hire people from our Congressional-Washington DC political arena. They employ them for approximately 3-5 years and they leave there and go back to Capitol Hill as lobbyists or work for the Current Administration. Whether, it’s the Obama group, the Bush Administration etc. etc. doesn’t matter it’s been going on for years. For certain, none of it is in our best interests. Based on current news for this year, 2010, the average person who eats all the known fast food garbage that is available to us (absolutely, no nutritional value) sugar, corn syrup sodas and food stuff; the average life span will be 10 years less or more based on the unhealty consumption of dead food, fat, and sugar products. Buy Organic, fresh and raw. It’s not perfect either but much better than a soda, fries and Mickey D’s.

    Shame on YOU, Monsanto for killing us for PROFIT!

  • acomfort says:

    Wow! you guys are sure hard on Monsanto when you should be going after Oakhurst for using the word “milk” on their labels.

    “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.”

    If this label is harmful to Monsanto’s products then Oakhurst should not use the word “milk” either as that infers that milk is better than orange juice . . . right?

  • Dana says:

    Aren’t there any public action committees that could accumulate enough clout on-line to counter and help reverse the horrible recent ruling by the U.S. Supreme Court that has given corporations human status! A national campaigne against that ruling and a larger one at Monsanto world-wide is beginning to make sense. Monsanto may be the new BP.

  • Brian says:

    Although I now choose to lead a virtually dairy free lifestyle when I did consume those products I always bought from Oakhurst because of their policy. I will not consume anything artificial and I despise Monsanto for thinking its ok to push their garbage on us! What next they going to sue more local farmers selling non GMO corn? Let us eat natural food and stop pushing this chemical crap into our food supply!

  • Hop says:

    Monsanto is just proving their greed over and over again. Sham science, and regurgitated claims of ‘unfair business’, ‘misleading information’, etc…Let me call the WAHmublance for you Monsanto. Get over yourself. The PEOPLE DO NOT WANT YOUR untested crap in anything. And you’re really crying over a company making MILLIONS while your making BILLIONS? Someone at Monsanto and the FDA is lacking a functioning brain. Maybe they consumed too much High Fructose Corn syrup and Aspartame with their GMO foods.

    They’re even trying to patent pig. PATENT A PIG!!! They’re trying to claim they found a gene that makes the pigs more meaty. Now the problem farmers are facing with crops, may just lead into pork as well.

    I have no sympathy for a corporation making billions of dollars a year at the expense of the health of human beings and animals.

  • hikaye says:

    Wow! you guys are sure hard on Monsanto when you should be going after Oakhurst for using the word “milk” on their labels.

  • CHonn says:

    I TRULY hope Monsanto goes down in flames on this one and that asinine “disclaimer” on on hormone free milk is no longer required. I know this is wishful thinking, but without hope, what do we have?

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