The dairy promotion program may emerge unscathed, despite a ruling from the U.S. Supreme Court on Monday, which struck down the checkoff-generated promotion program used by the mushroom industry.

The 15-cent-per-hundredweight dairy checkoff raises approximately $250 million a year for dairy promotion and research. The funds are administered by Dairy Management Inc. (DMI).

DMI officials said Tuesday there are some fundamental differences between the way the dairy industry operates, as opposed to the mushroom industry. For one thing, the dairy industry is subject to more government regulation in the federal milk marketing order process.

“The ruling was specific to mushrooms only, so it has no direct impact on the dairy checkoff program,” said David Pelzer, vice president of industry relations for DMI.

To read the Court’s decision, go to, click on “recent decisions,” and then find United States v. United Foods, Inc.