The D.C. Circuit Court of Appeals has vacated a panel’s March 28, 2014, denial  of the motion for preliminary judgment filed by meat producer interests in  litigation challenging u.s. Department of Agriculture (usDA) regulations  requiring retailers of “muscle cuts” of meat to list the countries of origin and  production (country-of-origin labeling or COOL) as to each step of production—born, raised or slaughtered. Am. Meat Inst. v. USDA, No. 13-5281 (D.C.  Cir., order entered April 4, 2014). Additional information about the March 28  decision appears in Issue 518 of this Update.  

A court majority voted to rehear the case before the full court on May 19  and ordered the parties to brief a supplemental issue: “Whether, under the  First Amendment, judicial review of mandatory disclosure of ‘purely factual  and uncontroversial’ commercial information, compelled for reasons other  than preventing deception, can properly proceed under Zauderer v. Office  of Disciplinary Counsel, 471 u.s. 626, 651 (1985), or whether such compelled  disclosure is subject to review under Central Hudson Gas & Electric v. PSC of  New York, 447 U.S. 56 (1980).” supplemental briefs must be filed by April 21.