Georgia Supreme Court upholds Commissioner Irvin's decision
Georgia Supreme Court upholds Commissioner Irvin's decision
In a unanimous decision Oct. 30, the Georgia Supreme Court ruled that Georgia Commissioner of Agriculture Tommy Irvin was well within his rights to allow third-party flavor certification of Vidalia onions.
The suit, brought by Bland Farms and other Vidalia onion growers, sought to have the high court order the Georgia commissioner of agriculture to halt the use of "Certified Sweet" and "Certified Extra Sweet" trademarks in association with Vidalia onions.
"I am hopeful the Georgia Supreme Court decision will finally stop the efforts of these growers who have been using the legal system to create obstacles," David Burrell, founder and president of Collins, GA-based National Onion Labs Inc., said in a press release. "Our services help growers understand and improve onion flavor and help retailers to locate quality products with the right flavors. It's all about consumer satisfaction. When the consumer buys products that taste right, they come back and buy them again and again."
Mr. Burrell added, "For the Vidalia onion industry to survive and be financially healthy, especially with all the new competition from all over the world, people who buy and eat Vidalia onions must enjoy the experience. No amount of promotion and fancy marketing is going to overcome a bad taste experience."
NOL, an international leader in onion flavor research and technology, has been the primary target of past legal actions involving the flavor certification of Vidalia onions. "Opponents of NOL's flavor certification programs have consistently used the legal system to create an atmosphere of confusion and controversy where none is due," said Mr. Burrell.
As growers prepare for the 2007 Vidalia onion season, this move by Georgia's highest court is a relief for some. Stanley Farms has been using NOL's flavor certification programs to improve its Vidalia onion crops and offer its customers consistent and pleasantly sweet Vidalia onions since 2003.
R.T. Stanley, president of Stanley Farms, is happy with the high court's verdict, stating in the release, "I'm quite pleased with the ruling. Maybe this will bring to a close all of our problems caused by lawsuits. Now I hope we can go forward with flavor certification and make it work for all concerned: the growers and the consumers." Mr. Stanley added, "I hope this will show consumers and the Vidalia onion industry that we want to put the mildest, sweetest onions on the market, and we're willing to stand by it through flavor certification."
Jim Cowart of J. Cowart Farms Inc., who has been using the flavor improvement and certification programs since 1999, had strong feelings as well. "The label doesn't make the onion sweet. It's the growers and our farming techniques. NOL's flavor certification program is one of the best tools a grower can use to make sure our onions please our customers. Commissioner Irvin knows that." He added, "These lawsuits have cost us growers and National Onion Labs a lot of time and money. I'm glad it's over -- for all of us."
For consumers, the decision also brings some relief. Jean Soderlind, a Savannah, GA, resident and self-proclaimed Vidalia onion lover, said in the release, "If these growers would stop suing those farmers trying to do the right thing and spend that money doing the right thing themselves, then maybe more Vidalia onions would taste the way they're supposed to."
Despite promotional efforts around the country, consumers have had a hard time finding "Certified Sweet" or "Certified Extra Sweet" Vidalia onions on the shelves. The numerous legal actions were usually timed to coincide with the Vidalia harvest season. Now, even those retailers that were reticent to carry "Certified Sweet" and "Certified Extra Sweet" Vidalias can make plans to offer their customers Vidalia sweet onions that have attained NOL's flavor certification.
Mr. Burrell believes Vidalia to currently be the only production region in the world capable of producing enough "Certified Extra Sweet" onions to support a national marketing campaign and be able to meet consumer demand.
Mr. Burrell formed National Onion Labs Inc. in 1998. The sole purpose at that time was to help improve and ensure Vidalia sweet onion flavor for consumer satisfaction. From this initial concept, the firm has grown to provide a wide range of customized services to onion and sweet onion producers in locations around the globe.
Mr. Burrell explained the flavor-certification process in the statement. "The human mouth can not perceive sugars in an onion when pungency levels are high. Regardless of the sugar content, it is physiologically impossible to taste sweetness. NOL's certification uses pungency testing as the initial tool in order to distinguish between sweet and not-so-sweet onions. Onions which pass this first requirement are then subjected to a number of other more specific tests before they can attain 'Certified Sweet' or 'Certified Extra Sweet' status."
The suit, brought by Bland Farms and other Vidalia onion growers, sought to have the high court order the Georgia commissioner of agriculture to halt the use of "Certified Sweet" and "Certified Extra Sweet" trademarks in association with Vidalia onions.
"I am hopeful the Georgia Supreme Court decision will finally stop the efforts of these growers who have been using the legal system to create obstacles," David Burrell, founder and president of Collins, GA-based National Onion Labs Inc., said in a press release. "Our services help growers understand and improve onion flavor and help retailers to locate quality products with the right flavors. It's all about consumer satisfaction. When the consumer buys products that taste right, they come back and buy them again and again."
Mr. Burrell added, "For the Vidalia onion industry to survive and be financially healthy, especially with all the new competition from all over the world, people who buy and eat Vidalia onions must enjoy the experience. No amount of promotion and fancy marketing is going to overcome a bad taste experience."
NOL, an international leader in onion flavor research and technology, has been the primary target of past legal actions involving the flavor certification of Vidalia onions. "Opponents of NOL's flavor certification programs have consistently used the legal system to create an atmosphere of confusion and controversy where none is due," said Mr. Burrell.
As growers prepare for the 2007 Vidalia onion season, this move by Georgia's highest court is a relief for some. Stanley Farms has been using NOL's flavor certification programs to improve its Vidalia onion crops and offer its customers consistent and pleasantly sweet Vidalia onions since 2003.
R.T. Stanley, president of Stanley Farms, is happy with the high court's verdict, stating in the release, "I'm quite pleased with the ruling. Maybe this will bring to a close all of our problems caused by lawsuits. Now I hope we can go forward with flavor certification and make it work for all concerned: the growers and the consumers." Mr. Stanley added, "I hope this will show consumers and the Vidalia onion industry that we want to put the mildest, sweetest onions on the market, and we're willing to stand by it through flavor certification."
Jim Cowart of J. Cowart Farms Inc., who has been using the flavor improvement and certification programs since 1999, had strong feelings as well. "The label doesn't make the onion sweet. It's the growers and our farming techniques. NOL's flavor certification program is one of the best tools a grower can use to make sure our onions please our customers. Commissioner Irvin knows that." He added, "These lawsuits have cost us growers and National Onion Labs a lot of time and money. I'm glad it's over -- for all of us."
For consumers, the decision also brings some relief. Jean Soderlind, a Savannah, GA, resident and self-proclaimed Vidalia onion lover, said in the release, "If these growers would stop suing those farmers trying to do the right thing and spend that money doing the right thing themselves, then maybe more Vidalia onions would taste the way they're supposed to."
Despite promotional efforts around the country, consumers have had a hard time finding "Certified Sweet" or "Certified Extra Sweet" Vidalia onions on the shelves. The numerous legal actions were usually timed to coincide with the Vidalia harvest season. Now, even those retailers that were reticent to carry "Certified Sweet" and "Certified Extra Sweet" Vidalias can make plans to offer their customers Vidalia sweet onions that have attained NOL's flavor certification.
Mr. Burrell believes Vidalia to currently be the only production region in the world capable of producing enough "Certified Extra Sweet" onions to support a national marketing campaign and be able to meet consumer demand.
Mr. Burrell formed National Onion Labs Inc. in 1998. The sole purpose at that time was to help improve and ensure Vidalia sweet onion flavor for consumer satisfaction. From this initial concept, the firm has grown to provide a wide range of customized services to onion and sweet onion producers in locations around the globe.
Mr. Burrell explained the flavor-certification process in the statement. "The human mouth can not perceive sugars in an onion when pungency levels are high. Regardless of the sugar content, it is physiologically impossible to taste sweetness. NOL's certification uses pungency testing as the initial tool in order to distinguish between sweet and not-so-sweet onions. Onions which pass this first requirement are then subjected to a number of other more specific tests before they can attain 'Certified Sweet' or 'Certified Extra Sweet' status."
