The Pennsylvania agriculture secretary has seen fit to overrule the federal government by forbidding what he has deemed "false and misleading" milk labeling -- namely, milk marketed as coming from cows not treated with synthetic bovine growth hormones. Of course, Monsanto's much publicized lawsuit against Maine's Oakhurst Dairy a few years back resulted in the FDA guideline that such milk carry a disclaimer that, to date, there's no scientifically verifiable diffference between milk from treated and non-treated cows.

But Dennis Wolff basically gave the Monsanto folks a wink and a nod after the St. Louis-based agriscience giant was rebuffed in its request to the feds to re-examine the labeling guidelines. But it's all for show, as the Keystone State's ruling (and me-too laws being mulled in Ohio and New Jersey) is unlikely to stand up to legal challenge. Forgetting the FDA for a minute, how can the state of Pennsylvania constitutionally bar a company from telling the truth about something its product does or does not have? Morton is not about to sue companies marketing salt-free products, nor is Imperial going to file suit against the makers of no-sugar-added foods. Not to mention the boondoggle this creates for multistate milk marketers whose territory includes Pennsylvania.

Wolff undoubtedly will have supporters in the dairy industry -- producers who wish to employ all modern farming methods at their disposal, as well as processors who argue that such labeling falsely leads consumers to believe that milk from non-treated cows is better than the rest. The same argument has been made about organic milk, so are we to ban organic labeling as well?

Ultimately, this is about choice, and consumers today have more choices at the dairy case than ever before. Organic and "rBST-free" products are among the strongest growth areas in dairy, touching consumers that otherwise might not be purchasing milk. Rulings like Pennsylvania's will stifle processors' ability to market to this audience.

Granted, the labeling should be monitored; for example, blanket declarations like "hormone free" are obviously incorrect considering milk's natural content and should not be allowed. But speaking the plain truth is something that should never be restricted.

- J.D.