The country of origin (COOL) labeling rule introduced in 2013 and withdrawn in 2015 is still the subject of litigation. On August 27th a federal judge granted motions by the ‘Big Four’ comprising Tyson Foods, Cargill Meat Solutions, JBS, and National Beef Packing Co to dismiss a claim supporting COOL labelling by cattle producers. Currently, “Product of the USA” can be applied to meat products derived from cattle raised in either Mexico or Canada but processed in the U.S.
The USDA will initiate rule-making that may restrict labeling of meat products as being of U.S. origin. The Federal Trade Commission is soliciting comments on a proposed “Made in the USA” labeling rule. As with many trade related situations in which conflicting groups demand special privileges or rulings, the question of labeling has created a conflict between the USDA and the FTC. The ongoing and as yet unresolved issue relating to small refinery exemptions, which has pitted the EPA against the USDA, is an additional example of suboptimization that has become politicized in an election year.