“I view the decision as a win toward reasonable regulations and consumer safety for homemade foods,” Jeffrey P. Havens said.
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Montana courts are still open to a former top state food safety official’s one-man crusade to restore some guardrails to “Food Freedom”
A unanimous state Supreme Court on Aug. 11 ruled in Jeffrey P. Havens v. State of Montana that while the District Court was correct in dismissing the case because Havens lacked standing, the lower court was not correct in dismissing Havens’s case with prejudice.
Dismissal with prejudice means that the plaintiff cannot refile the same claim again in the state’s courts. The Supreme Court remanded the Haven case back down to the District Court with instructions to correct the dismissal to “without prejudice,” meaning it can be filed again.
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