Hong Kong Supermarket v. Kenneth Kizer Jack Metz Helen Gerig State of California the Secretary of Agriculture of the United States of America

Hong Kong Supermarket (“Hong Kong”) brought suit against the Secretary of Agriculture (“Secretary”), the State of California (“State”), and certain state agency personnel, to enjoin the allegedly discriminato ry administration of the Special Food Program for Women, Infants and Children (“WIC”), 42 U.S.C. §§ 1786-1789 (1982 & West Supp. 1987). Hong Kong claims that the high incidence of lactose intolerance and malabsorption among Southeast Asians prevents their use of WIC milk-product coupons, effectively reducing their meaningful access to the WIC program. Hong Kong contends that the alleged failure of the Secretary and State to adjust the selection of eligible food products to cultural differences among races violates its clientele’s right to equal protection.

The district court dismissed Hong Kong’s complaint for lack of standing. We note jurisdiction under 28 U.S.C. § 1291 and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The WIC program was enacted by Congress in order to provide free supplemental foods to meet the specific nutritional needs of pregnant, postpartum, and breastfeeding women, and infants and children of low-income families determined to be “at nutritional risk.”…