USDA Signals Support for Promotion Programs in Publishing Hass Avocado Order.

July 13, 2001

Today, in publishing a proposed rule on the Hass Avocado Promotion Program, USDA took the opportunity to signal its continuing support for commodity promotion programs despite the recent U.S. Supreme Court decision on mushrooms.

In today's Federal Register on the Hass Avocado Program, USDA notes:

"On June 25, 2001, the United States Supreme Court issued a decision in the case of United States v. United Foods, Inc. (United Foods), that held that the imposition of mandatory assessments to fund generic mushroom advertising violated the First Amendment insofar as it required the mushroom industry to subsidize commercial speech with which they disagreed. The Court expressly declined to reach the question whether the generic advertising conducted under the mushroom program constitutes government speech."

USDA's statement pointing out that the Supreme Court failed to consider that commodity promotion programs are government speech may be viewed as signaling that USDA will continue to fully implement and administer such programs, and that they believe that the government speech argument must be considered.