The Denver Post came out with a story about skim milk definitions. According to the Florida Department of Agriculture and Consumer Services, skim milk is not skim milk unless it has the same nutritional value as whole milk. As such, skim milk without any additives is to be considered imitation.
As ridiculous as this may sound, The Ocheesee Creamery has been in a legal squabble with the Department for the past three years about this difference in terminology. Ashley Davis, a lawyer for the Department, even came out with a statement saying, "Ocheesee's product is imitating-literally imitating-skim milk."
When asked about it, Creamery owners Paul and Mary Lou Wesselhoeft say that their skim milk is all-natural and comes from grass-fed cows. "Our customers want an all-natural product. If we call it imitation, they will not buy our product." She adds, "To me it's degrading and a slap in the face because it's pure, unadulterated skim milk."
A simple definition search reveals that skim milk is nothing more than milk with its cream removed. Judge Robert Hinkle is not so sure that consumers expect skim milk to have the same nutritional value as whole milk since they know that an element of it has been removed, in this case its cream content.
Hinkle also perceives the word "imitation" to be inaccurate. "It's hard to call this imitation milk. It came right out of the cow," he is quoted as saying.
The owners' story goes like this: six years ago they bought the dairy and, after testing by the government for their product's fat content, were instructed to label it as skim milk. Three years later, however, they were being ordered to label it as imitation or face an end to their operations.
The Institute for Justice is suing the state on behalf of the Creamery. "The creamery sold its skim milk for three years without anyone being confused or harmed," said Justin Pearson, lawyer.
