Supreme Court rejects meat industry Proposition 12 lawsuit

The U.S. Supreme Court dismissed the lawsuit filed by the North American Meat Institute against California’s Proposition 12. As a result, the lower court’s decision will stand, and out-of-state producers must comply with California’s animal welfare regulations.

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edwardolive | BigStockPhoto
edwardolive | BigStockPhoto

The U.S. Supreme Court dismissed the lawsuit filed by the North American Meat Institute (NAMI) against California’s Proposition 12. As a result, the lower court’s decision will stand, and out-of-state producers must comply with California’s animal welfare regulations.

"“We are disappointed our petition for cert was denied. We will be considering other options to block Proposition 12 which will cost both producers and consumers millions of dollars according to economists and the state of California’s own analysis," Sarah Little, Vice President of Communication for the North American Meat Institute, said in a statement to WATTPoultry.

NAMI first challenged the constitutionality of Proposition 12 in 2018, when the bill first passed, citing several concerns.

California’s Proposition 12, also known as the Farm Animal Confinement Initiative, regulates the freedom of movement for farm animals and sets a minimum floor space requirement for both sows and hens. Farmers are be prohibited from “knowingly” causing animals to be confined in a cruel manner or taking part in any sale of an animal or animal product raised in conditions that do not meet the initiative’s criteria.

Importantly, the regulations also ban the sale of animal products from out-of-state or international producers that do not adhere of the law.

No direct benefit to consumers

The meat industry organization argued that Proposition 12 has no direct benefit to consumers and could instead raise the price of food, as producers will be required to keep fewer animals per square foot of space.

“The recently proposed rule by the California Department of Food and Agriculture (CDFA) admits there are no benefits to Californians as a result of Prop 12,” Julie Anna Potts, President and CEO of the North American Meat Institute, said in a statement earlier this month. “Our petition to challenge the law has the support of more than 20 states and we think it should be reviewed by the Supreme Court.”

A coalition of 21 states, including Indiana, Arkansas, Texas and Wyoming, joined the lawsuit, stating that the initiative would encourage “a patchwork of regulation” and threaten the “free flow of interstate commerce” if California was allowed to apply the law to animal production in other states.

In addition, while many egg producers have been transitioning their operations to cage-free laying systems, there have been worries about the feasibility of meeting the demands set forth by California’s law, as well as similar laws passed in other states and purchase pledges by retailers, foodservice businesses and restaurants.

Writ of certioriari

After several appeals, NAMI filed a writ of certiorari with the U.S. Supreme Court in February 2021. To gain approval for the case to be heard, four out of the nine justices needed to agree to hear arguments.

The decision not to hear the case of North American Meat Institute versus Rob Bonta, the Attorney General of California, was made June 28, according to records from the U.S. Supreme Court website. 

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