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CASE ENTRY

Minerva Dairy, Inc. v. Harsdorf

Butter sold in Wisconsin must bear a grade based on 32 different characteristics (relating to flavor, body, color, and salt) that is bestowed by state or federal butter graders. (No other state requires butter grading.) Ohio dairy company that sells its artisanal Amish-style butter nationwide objects to Wisconsin’s grading—it’s too expensive and, besides that, it violates the Fourteenth Amendment and the dormant commerce clause. Seventh Circuit: Nope. Butter badges build better butter buyers.


Tags: 2018, Dormant Commerce Clause, Fourteenth Amendment, Seventh Circuit

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