Oregon Farmer Wins Case Challenging Raw Milk Advertising Ban

The Oregon Department of Agriculture today agreed to stop enforcing that state’s ban on the advertisement of raw—or unpasteurized—milk. This comes in response to a Nov. 2013 federal lawsuit filed by Christine Anderson, owner of Cast Iron Farms in McMinnville, Ore. Until today, it was illegal for farmers like Christine to advertise that they sell raw milk, a perfectly legal product. This meant that Christine was banned from posting flyers at local stores, advertising sales online or via email, or displaying a roadside sign at the farm saying “WE SELL RAW MILK.” Christine was even ordered in 2012 to take down prices for her milk from the Cast Iron Farm website. If she did advertise her raw milk, she faced $6,250 in fines and civil penalties as high as $10,000—plus a year in jail.

Farmer Fights Back: Sues State of Oregon For Ban on Free Speech in Advertising Raw Milk

An Oregon raw milk farmer is fighting back against Big Dairy and the state of Oregon for limiting her free speech. The state of Oregon allows limited sales of raw milk from the farm. Based on a law passed in 1999, if a farmer has 3 or less dairy cows, with no more than two lactating, they can sell raw milk directly to the public. Yet, in spite of these tight restrictions, the Oregon Dairy Farmers Association pushed for even more restrictions last year. So while it is still currently legal to sell raw milk from a 2-cow dairy farm, it is a criminal offense if you advertise your product. If a raw milk dairy farm even publishes the cost of their product online, they can face a year in jail and $6,250 in fines. All Oregon farmers who sell milk on the farm directly to consumers are prohibited from advertising the milk online, in fliers, via email or on signs. Being faced with the possibility of going out of business, Christina decided to fight back, with the help of the Institute for Justice, a civil liberties law firm based out of Alrington Virginia. This week they filed a suit against the Oregon Department of Agriculture in U.S. District Court in Portland, claiming farmers' Constitutional rights to free speech are being violated.