Court: Florida dairy's skim milk is skim milk, not imitation

An all-natural diary that's fighting to call its skim milk "skim milk" against the wishes of the Florida Department of Agriculture has won a victory

TALLAHASSEE, Fla. - (AP) -- An all-natural diary that's fighting to call its skim milk "skim milk" against the wishes of the Florida Department of Agriculture has won a victory in federal appeals court.

A three-judge panel on Monday struck down a decision that let the state ban the Ocheesee Creamery from labeling its skim milk as skim milk because it doesn't add vitamins to it. The state wanted the creamery to call it imitation skim milk.

While the state defines skim milk as skim milk with Vitamin A added, the appeals court in Jacksonville said most people think of skim milk as the dictionary defines it: milk with cream removed.

The court said the Panhandle creamery isn't deceiving people when by calling the product skim milk and returned the case to the district court.

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