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Dispute over Hatch chile labeling heats up

A federal appeals court is siding with an association of green chile producers in the Hatch Valley of southern New Mexico in a dispute over what food can be fairly labeled with the renowned Hatch name.

The U.S. 10th Circuit Court of Appeals on Friday ruled in favor of the Hatch Green Chile Association and allied food distributor El Encanto in their efforts to subpoena records that may indicate whether a rival's products contain Hatch chiles as marketing suggests.

The subpoenas could influence the outcome of a related dispute before a federal trademark board over efforts by the Hatch Chile Co. to trademark the term "Hatch" for its exclusive use.

Hatch Chile Association board member Preston Mitchell applauded the decision by a three-judge panel as a step toward reserving the Hatch name for chiles that are certifiably from the Hatch Valley

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