Eversheds Sutherland 11th Circuit Business Blog
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The First Amendment Rises to the Top: State Cannot Prohibit Dairy from Describing its Skim Milk as “Skim Milk.”

The Creamery is a dairy farm in rural Florida which sells all-natural dairy items, including skim milk produced in the usual way: cream rises and is skimmed off, and the result is skim milk.  The Creamery does not replace the (fat soluble) Vitamin A lost in skimming.  But Florida law prohibits the sale of milk which is not “Grade A”—which requires, among other things, that Vitamin A...

Court SLAPPS Down Defamation Suit

The Eleventh Circuit upheld a district court’s rejection of a doctor’s libel and false advertising action challenging two articles highly critical of his novel medical treatments. In Edward Lewis Tobinick, MD v. Novella, 2017 WL 603832 (11th Cir. Feb. 15, 2017), the court upheld the district court’s orders striking state-law claims pursuant to California’s anti-SLAPP statute, denying...