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Chocolate Mfrs. Ass’n, United States v. Block

(1985)

United States Court of Appeals for the Fourth Circuit - 755 F.2d 1098

tl;dr:

An agency’s final rule excluding flavored milk is invalid because it was not a logical outgrowth of a proposed rule including flavored milk, and thus did not provide adequate notice of the potential exclusion.

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ICRAIssue, Conclusion, Rule, Analysis for Chocolate Mfrs. Ass’n, United States v. Block

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Facts & HoldingChocolate Mfrs. Ass’n, United States v. Block case brief facts & holding

Facts:The Food and Nutrition Service of the United States Department...

Holding:Holding (Sprouse): The Administrative Procedure Act mandates that an agency’s...

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Chocolate Mfrs. Ass’n, United States v. Block | Case Brief DeepDive
Majority opinion, author: SPROUSE, Circuit Judge:
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The Chocolate Manufacturers Association is appealing the district court's decision to deny relief from a rule by the Food and Nutrition Service of the USDA that prohibits the use of chocolate flavored milk in the federally funded WIC Program. The court found that the Department did not provide adequate notice that the elimination of flavored milk would be considered in the rulemaking procedure, and therefore, the decision was reversed. The court is examining whether the Department's notice for a proposed rule provided interested parties with a fair opportunity to be heard, as required by administrative law. The court must strictly review the agency's compliance with procedural rules and is less deferential to the agency's interpretation of statutes.

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