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Monsanto Statement Regarding Oakhurst Dairy Inc. Filing

Monsanto Company provided the following statement regarding the filing of a civil suit in the Federal District Court in Boston against Oakhurst Dairy Inc.:

On July 3rd, Monsanto Company filed a civil suit in the Federal District Court in Boston, Massachusetts, against Oakhurst Dairy Inc. in response to the processor's use of deceptive labels and misleading claims in its product labeling and advertising to consumers in the Commonwealth. The filing seeks an injunction that would prohibit Oakhurst from making these misleading representations in its commercial advertising and promotional practices for its milk and milk products - and asks that these practices be brought in accordance with the law.

Specifically, Monsanto asked the court for an injunction to:

    Prohibit Oakhurst from showing the statement "Our Farmers' Pledge: No Artificial Growth Hormones," or any similar statement, on the labels of its milk or milk products, or in any other commercial advertising or promotion.

Monsanto fully supports the right of people in grocery stores to make informed choices about what they purchase. We believe that consumers should be able to make these informed decisions based on fair and accurate factual information about the quality and safety of the products they purchase. Currently, the labels used by Oakhurst are contrary to the position of the Food & Drug Administration for the voluntary labeling of milk and milk products with respect to the non-use of rBST, and violate state laws regarding unfair and deceptive commercial practices. The current labeling practices of Oakhurst fail to fully disclose years of scientific evidence that milk from cows supplemented with rBST is the same as all other milk. Scientific studies conclude that the use of rBST to improve milk production does not change the nutrition, taste, quality, or any other health or safety characteristics of milk.

Without this information, independent market-research shows that many consumers are misled to believe that the milk with labels such as the Oakhurst Dairy label was healthier or safer than other milk. In surveys conducted by MSR Research Group, Inc., and overseen by independent third-party scholars, research revealed that more than two-thirds of consumers were misled to believe that the milk with the Oakhurst Dairy label was healthier to drink than milk labeled without such a statement, and that more than sixty percent of consumers were also misled to believe that the milk with the Oakhurst Dairy label was safer to drink than milk labeled without such a statement.

The injunction Monsanto seeks would prohibit Oakhurst from continuing to engage in these unlawful deceptive acts and practices. Monsanto believes that these misleading representations directly disparage Monsanto's POSILAC bovine somatotropin product and the milk from cows supplemented with bovine somatotropin.

Monsanto is asking that Oakhurst's labels provide consumers with the accurate scientific context about milk from cows supplemented with rBST - so that consumers can make an informed choice. If Oakhurst's labels and promotional materials reflect the scientific conclusions as well its pledge, then consumers are making their choices based on personal preferences - even the preference for milk from cows not supplemented with rBST - after being exposed to fair and accurate information about the quality and safety of the milk.

Monsanto is not seeking any monetary compensation in the lawsuit. Monsanto's only request is that Oakhurst label their products fairly and accurately so that consumers can make an informed choice.

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