OCA, Dr. Bronner's Sue USDA Over Organic Label

WASHINGTON--The Organic Consumers Association (OCA) and Dr. Bronner's filed suit in U.S. District Court for the District of Columbia on June 13, seeking to force the U.S. Department of Agriculture (USDA) to permit non-food items including personal care products and pet foods to be labeled and marketed as USDA certified organic. The move was the latest volley in back-and-forth discussions between the organic community and the federal legislators. Most recently, in April, USDA pronounced it determined personal care products were not eligible to bear the federal organic seal on their labeling, effective Oct. 25, 2005.

In its court filing, OCA and Dr. Bronner's (an operating subsidiary of Escondido, Calif.-based All One God Faith) allege USDA's April 2005 and 2004 guidance statements concerning whether non-food products were covered within the scope of the National Organic Program (NOP) are directly contradictory to the agency's initial May 2002 policy statements on the matter. As such, the plaintiffs allege the move by USDA is in violation of administrative requirements, and may cause serious financial harm to companies that have invested in organic certification of their non-food items.

OCA released a statement on the filing, noting it is part of its "Coming Clean" campaign, which aims to ensure consumers receive accurate labeling of organic products. "It is our responsibility to fight USDA's illegal policy which discourages organic farming, wipes out millions of dollars in investment in certified organic non-food products and violates basic rule making procedures in the Administrative Procedures Act, said Ronnie Cummins, founder and national director of OCA (www.oca.org). "If qualifying brands are blocked from labeling and marketing their NOP certified compliant products and displaying the USDA organic seal, consumers will be unable to distinguish such NOP compliant products from packaging and marketing of companies touting 'organic' claims on non-NOP compliant products with little organic content and/or contain synthetic ingredients not allowed in products to NOP standards."

A representative from the NOP told INSIDER the agency's legal counsel was still reviewing the filing.