United States v. United Foods, Inc.

533 U.S. 405 (2001)

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Nature of the Case

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Facts

Congress passed the Mushroom Promotion, Research, and Consumer Information Act. The Act allows the Council to impose mandatory assessments upon handlers of fresh mushrooms in an amount not to exceed one cent per pound of mushrooms produced or imported. The assessments can be used for 'projects of mushroom promotion, research, consumer information, and industry information.' Most monies raised by the assessments are spent for generic advertising to promote mushroom sales. D grows and distributes many crops and products, including fresh mushrooms. D refused to pay its mandatory assessments under the Act. The forced subsidy for generic advertising, it contended, is a violation of the First Amendment. D applied for administrative review with the Secretary. P filed an action in the United States District Court. The Administrative Law Judge dismissed D's petition, and the Judicial Officer of the Department of Agriculture affirmed. D sought review in District Court, and its suit was consolidated with P's enforcement action. The District Court granted P's motion for summary judgment. The Court of Appeals for the Sixth Circuit reversed. The Supreme Court granted certiorari.