Kawamura

This case concerns the constitutionality, under the California Constitution’s right to freedom of speech, of use of milk producer assessments, authorized by statute, for generic advertising to stimulate sales of milk. The validity of such commodity advertising, under the federal Constitution, recently came before the United States Supreme Court in Johanns v. Livestock Marketing Assn. (2005) 544 U.S. 550 [ 161 L.Ed.2d 896 , 125 S.Ct. 2055 ] (Johanns). We will decide to follow the reasoning in Johanns in applying the California Constitution’s freedom of speech clause. We will also decide that the milk producer advertising program does not unconstitutionally compel speech because it uses a cheese package certification seal, a label that boosts sales only of cheese makers who agree to use it.

Gallo Cattle Company, a California limited partnership (Gallo), appeals from a judgment denying relief from milk production assessments, imposed by the California Department of Food and Agriculture (CDFA or the Department). The assessments are used in part to fund the “Real California Cheese” (a registered name) advertising campaign. The assessments are levied pursuant to a “marketing…