Chocolate Manufacturers Association v. Block case brief

Chocolate Manufacturers Association v. Block case brief summary
755 F.2d 1098 (1985)

CASE SYNOPSIS

Appellant chocolate manufacturing association challenged an order from the United States District Court for the Eastern District of Virginia that denied relief from a final rule promulgated by appellees Food and Nutrition Service and the Department of Agriculture prohibiting the use of flavored milk in the federally funded Special Supplemental Food Program for Woman, Infants, and Children under 7 C.F.R. § 246.8.

CASE FACTS
Under a proposed rule promulgated by appellees Food and Nutrition Service and the Department of Agriculture, food in the Special Supplemental Food Program for Woman, Infants, and Children (WIC Program) could include flavored milk, but in response to adverse public comments, appellees deleted flavored milk from the approved list in the final rule.

DISCUSSION

• The district court denied relief from the rule to appellant chocolate manufacturing association, and on appeal, the court reversed, holding that there was insufficient notice that the deletion of flavored milk from the WIC Program would be considered if adverse comments were received. 
• Therefore, affected parties did not receive a fair opportunity to contribute to the administrative rule making process. 
• The court determined that although appellants could promulgate a final rule that differed from its proposal, in this case it could not be said that the ultimate changes in the proposed rule were in character with the original scheme or a logical outgrowth of the notice. 
• Appellant was not fairly treated nor was the administrative process well served by the drastic alteration of the rule without an opportunity for appellant to be heard.

OUTCOME

The court reversed the district court's denial of relief to appellant chocolate manufacturing association from a final rule promulgated by appellees Food and Nutrition Service and the Department of Agriculture because appellant was given insufficient notice that the final rule would be substantially different from the original proposal. The case was remanded to appellees to reopen the comment period.

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