Center For Science In The Public Interest v. Perdue

438 F. Supp. 3d 546 (2020)

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Nature of the Case

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Facts

Congress created the National School Lunch Program (NSLP) and the School Breakfast Program (SBP) 'to safeguard the health and well-being of the Nation's children and to encourage the domestic consumption of nutritious agricultural commodities and other food.' D was charged with implementing the school lunch and breakfast programs and providing technical assistance and training to help states and schools comply with school meal standards under these programs. Meals that are served are required to be consistent with the goals of the most recent Dietary Guidelines for Americans. The Dietary Guidelines is a statutorily mandated report, jointly issued every five years by USDA and the Department of Health and Human Services, that 'contains nutritional and dietary information and guidelines for the general public, and shall be promoted by each Federal agency in carrying out any Federal food, nutrition, or health program.' The School Meals Report was commissioned by D to provide recommendations for the revision of 'the nutrition-and food-related standards and requirements for the [school lunch and breakfast programs].' The Report recommended a gradual approach to improving the sodium and whole grain content in school meals. It recommended a maximum sodium intake of between 430 mg and 470 mg for breakfast and between 640 mg and 740 mg for lunch-and recommended that USDA set intermediate targets for maximum sodium intake over a ten-year period. For whole grains, it required that the proportion of whole grain-rich foods in school meals would exceed fifty percent within three years. On January 26, 2012, after a notice and comment period, D promulgated a final rule. The 2012 Rule required that fifty percent of all grain products offered in school meals be whole grain-rich during SY 2013-2014, and for SY 2014-2015 and beyond, it required that one-hundred percent of grain products be whole grain-rich. It established a ten-year, three-phased schedule for reducing sodium levels. This phased schedule 'lengthening the transition to lower sodium foods' would 'respond to the challenge of meeting those targets' by providing more time to facilitate student acceptance and for the industry to develop products that meet the rule's standards. Congress enacted a series of appropriations riders that directed D to retain Sodium Target 1 through SY 2017-2018 and allowed states to grant exemptions from the one-hundred percent whole grain-rich requirement for school food authorities. On November 30, 2017, D published an Interim Final Rule. On December 12, 2018, D issued a Final Rule. The Final Rule 'balanced the need for strong nutrition standards with the operational concerns and student acceptance of school meals' by allowing schools 'to slowly introduce lower sodium foods to students and for the industry to develop consistent lower sodium products that are palatable for students.' The Final Rule eliminated the one-hundred percent whole grain-rich requirement, and it required that only half of the weekly grains offered in school meals meet the whole grain-rich requirement, thus 'removing the need for whole-grain-rich exemption requests based on hardship.' Ps claimed the final rule was unlawful under the APA. Ps moved for summary judgment and D cross moved.