NPPC Praises Biden Administration for Standing Up for Consumer Choice and American Farmers

WASHINGTON, D.C., July 21, 2022 — The Biden administration, international trading partners and business groups representing the full scope of the U.S. economy, among others, filed amicus briefs in support of the National Pork Producers Council ahead of the Supreme Court case to review California’s Proposition 12. The state law seeks to ban the sale of pork from pigs that do not meet the state’s arbitrary production standards, including pork from pigs raised on farms outside of California.

“We commend the Biden administration for taking action to stop ill-considered ballot initiatives like California’s Proposition 12 that undermine vital supply chains, national markets and consumer choice and further inflate food prices,” said Michael Formica, assistant vice president and general counsel. “Additional supporters filed briefs opposing Proposition 12 and stood up to preserve the free flow of commerce among states to ensure consumers all over the nation have access to affordable, safe and wholesome food.”

In a joint brief to the Supreme Court filed earlier this month, NPPC and the American Farm Bureau Federation (AFBF) argued Proposition 12 violates the U.S. Constitution’s commerce clause, which restricts states from regulating commerce outside their borders. The brief states that Proposition 12 “will require massive and costly changes across the entire $26-billion-a-year hog farming industry. And it inescapably projects California’s policy choices into every other state, a number of which expressly permit their farmers to house sows in ways inconsistent with Proposition 12.”

Amicus briefs filed in support of NPPC and AFBF:
• Brief of the United States
• Brief of Indiana and 25 Additional States
• Brief of The Retail Litigation Center, Inc., The Restaurant Law Center, The Food Industry Association, The National Retail Federation and Affordable Food For All
• Brief of National Association of Manufacturers and National Cattlemen’s Beef Association
• Brief of North Carolina Chamber Legal Institute, North Carolina Pork Council, North Carolina Farm Bureau, and 11 Other State Farm Bureaus, Pork Councils and Business Groups
• Brief of The Chamber of Commerce of the United States of America
• Brief of Pharmaceutical Research and Manufacturers of America
• Brief of Association for Accessible Medicines
• Brief of North American Meat Institute
• Brief of Canadian Pork Council, OPORMEX and Illinois Pork Producers Association
• Brief of State Pork Producer Associations
• Brief of The American Association of Swine Veterinarians
• Brief of Michael Knoll and Rush Mason (Law Professors)
• Brief of Lea Brilmayer (Law Professor)
• Brief of Association Des Éleveurs De Canards Et D’oies Du Québec, Hvfg LLC, And Sean “Hot” Chaney
• Brief of the Pacific Legal Foundation
• Brief of the Washington Legal Foundation
• Brief of Buckeye Institute
• Brief of Protect the Harvest

The Supreme Court is scheduled to hear oral arguments on Oct. 11, 2022.