A federal appeals court has rejected a Maryland milk processor’s challenge to Pennsylvania’s mandatory minimum wholesale price for milk, adding that the “constitutionality of Pennsylvania’s minimum wholesale prices remains unresolved.”

A three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed a decision last year by a federal judge in Harrisburg who ruled against the lawsuit filed against the Pennsylvania Milk Marketing Board by Cloverland-Green Spring Dairies, of Baltimore. Cloverland’s suit argued that Pennsylvania’s milk-price controls restrict interstate commerce and thus violated the U.S. Constitution’s commerce clause by effectively barring out-of-state processors from selling in Pennsylvania.

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