Maine Dairy Seeks Dismissal of Monsanto Lawsuit

Portland Press Herald (Maine)

July 30, 2003

Oakhurst Dairy seeks dismissal of Monsanto suit

Oakhurst Dairy of Portland has asked a federal court judge in Boston to dismiss a lawsuit filed by Monsanto Corp.

The suit attacks the dairy's claims that its milk comes from cows that haven't been treated with artificial growth hormones.

The main point of Monsanto's lawsuit is that no scientific evidence exists that proves milk from cows treated with the hormones differs from milk of untreated cows. Oakhurst says its customers have said they don't want milk from treated cows, and made no claims beyond the fact that their products come from untreated cows.

"Oakhurst does not take a position that milk from cows supplemented with (artificial hormones) is either safe or unsafe for human consumption," said the company in the recent court filing.

Oakhurst denied claims that its marketing campaign has hurt Monsanto, a Missouri biotechnology company that makes the hormones, and asked the judge to dismiss the complaint. A scheduling conference has been set for Aug. 18 in Boston.