A state law that makes it illegal to sell a popular Irish butter in Wisconsin is unconstitutional and deprives consumers of their rights, according to a lawsuit filed Thursday in Ozaukee County court.
The public advocacy group Wisconsin Institute for Law and Liberty brought the suit against the state on behalf of five clients, four of them consumers and one a Grafton food store.
Good. Very good. And why was this necessary?
"Wisconsin’s current protectionist law requires butter that is bought and sold to be labeled by the government. This archaic labeling regime prevents very popular butter such as Kerrygold from being enjoyed by Wisconsin residents," the group said in a news release.
A state law with roots in the 1953 margarine scare requires all butter sold in Wisconsin to be tested and graded by state-approved experts.
As a butter made and packaged in Ireland, Kerrygold is not inspected in the United States, making it illegal to sell under the state law.
Lest you think this is a worthwhile regulation, Wisconsin is the only state in the nation with a law like this. It's a purely protectionist measure, to make the Wisconsin dairy industry happy.