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For Release:
Attention:
Contact: |
Immediately
Produce Industry Editors
David Burrell, National Onion Labs, Inc.
(912) 693-9060
davidb@onionlabs.com
Legal - John R. Harris or Larry H. Kunin
Morris, Manning & Martin LLP
(404) 233-7000
jharris@mmmlaw.com or
lkunin@mmmlaw.com |
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Another Lawsuit Emerges From Those Who Seek To Prevent Flavor
Certification of Vidalia Onions
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Collins, GA March 26, 2006 - A petition for a "Writ of Mandamus” was filed in the Fulton County Georgia Superior Court by a number of Vidalia onion growers against the longstanding Georgia Commissioner of Agriculture, Tommy Irvin. In this unusual legal maneuver, a group of hostile growers are requesting that a judge order the commissioner to prohibit the use of the National Onion Labs Certified Sweet™ and Certified Extra Sweet™ flavor designations in association with Vidalia® onions. A hearing will be held on March 31, 2006 at the Fulton County Courthouse.
This most recent lawsuit appears to be yet another maneuver to use the legal system in an effort to coerce the freedom and ability of produce buyers nationwide to select products where the focus is on consumer satisfaction.
National Onion Labs, Inc. believes that the Georgia Commissioner of Agriculture is enhancing the Vidalia certification mark by allowing the use of the Certified Sweet™ and Certified Extra Sweet™ flavor certifications. These NOL flavor certifications validate the unique and special flavor qualities of the Vidalia onion. This latest lawsuit is clearly beyond the legal scope of the Vidalia® certification from the State of Georgia which encompasses variety and geographic region.
In a March 2005 lawsuit, essentially the same grower group, led by Delbert Bland, brought essentially the same arguments in a different Georgia court. They did not prevail as evidenced by the Superior Court Judge's ruling which specifically placed no prohibitions of the use and promotion of "Certified Sweet™ Vidalia® Onions and Certified Extra Sweet™ Vidalia® Onions." We do not think it possible for the judicial system to be any clearer.
One year later, in the recent (March 2006) legal action brought by the Georgia Department of Agriculture against National Onion Labs, those who sought to force the department into taking an anti-consumer, anti-product integrity position, failed yet again. The Department of Agriculture stood on the side of what is constitutional, what is good for consumers nationwide and also what is good for the Vidalia® trademark. The Department of Agriculture did not seek to prohibit or restrict the use of the Certified Sweet™ or Certified Extra Sweet™ flavor designations when associated with Vidalia® Onions. We do not think it possible for the Department of Agriculture to be any clearer.
As long as this and any future legal decisions are based on what is constitutional, on what is lawful, on what is in the best interest of the public and in the best interest of the consumer, we will continue to defend the rights of Vidalia® onion growers who want to do everything possible to prove the flavor integrity of their Vidalia® onions. The other side seems to have totally forgotten the cardinal rule "understanding the needs of the consumer is what it is all about."
The Vidalia growers participating in the National Onion Labs Inc flavor certification program are continuing to offer and promote their Vidalia® Onions. Based on individual field performance they expect to offer Vidalia onions bearing either the Certified Sweet™ or the Certified Extra Sweet™ flavor designations. After all - it is the consumer that counts.
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For further information regarding the Flavor Certification services of National Onion Labs please contact David Burrell at National Onion Labs, Inc. (912) 693-9060. Please refer all legal questions to NOL’s counsel, John R. Harris or Larry H. Kunin at Morris Manning and Martin LLP, (404) 233-7000.
Vidalia® is a registered certification mark of the Georgia Department of Agriculture. CERTIFIED SWEET™ and CERTIFIED EXTRA SWEET™ are certification marks of National Onion Labs, Inc.
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