Nathan A Adams IV is a Partner in Holland &
Knight's
Tallahassee office.
In Minerva-Dairy, Inc. v. Harsdorf, 905 F. 3d 1047 (7th
Cir. 2018), the court of appeals affirmed summary judgment against
the plaintiffs' claims that Wisconsin's butter-grading
statute violated the Due Process Clause, Equal Protection Clause
and dormant Commerce Clause. The court determined that the statute
was rationally related to the state's legitimate interests in
consumer protection and promoting commerce and, thus, did not
violate substantive due process. The state had a legitimate
interest in ensuring that consumers had relevant product
information that could influence their purchasing decisions.
Furthermore, the state did not violate the Equal Protection Clause
simply because it made grading for other commodities such as
cheese, honey and maple syrup voluntary based on evidence that
butter preferences were less diverse and idiosyncratic. Last,
Wisconsin's butter-grading statute did not
