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Articles 1 - 20 of 20
Full-Text Articles in Consumer Protection Law
European Union Food Law Update, Emilie H. Leibovitch
European Union Food Law Update, Emilie H. Leibovitch
Journal of Food Law & Policy
This EU Food Law Update will focus on the recent developments in the areas of genetically modified organisms, novel foods, feed safety, transmissible spongiform encephalopathy, salmonella and food borne diseases, food additives, organic farming, food contact materials, and labeling.
United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr
United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr
Journal of Food Law & Policy
This edition of the Food Law Update explores four legal issues arising in the first half of 2010 reflective of the diverse nature of the food law specialist. As the national debate surrounding the merits of health care reform dominated the legislative agenda, this article first will discuss the food labeling rules embedded within section 4205 of the Patient Protection and Affordable Care Act of 2010. The authors then analyze the preemptive reach of the Federal Food, Drug, and Cosmetic Act and the Meat Inspection Act with respect to three separate California statutes regarding animal welfare standards, retail labels on …
Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety, Varun Shekhar
Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety, Varun Shekhar
Journal of Food Law & Policy
Isolated food safety crises are not uncommon occurrences in the United States. Indeed, the history of public scares indicates a pattern of deficiencies in the safety of the American food supply. In the early 20th century, the public learned of the squalid conditions of meatpacking facilities through muckraking publications such as Upton Sinclair's The Jungle. In the 1980s, a 60 Minutes report documented research finding carcinogenic properties of a widespread pesticide, traces of which were commonly found in apple-based products. In the 1990s, widespread media reports of beef tainted with E. coli led to both product recalls unprecedented in scope …
A Bittersweet Deal For Consumers: The Unnatural Application Of Preemption To High Fructose Corn Syrup Labeling Claims, Josh Ashley
A Bittersweet Deal For Consumers: The Unnatural Application Of Preemption To High Fructose Corn Syrup Labeling Claims, Josh Ashley
Journal of Food Law & Policy
The recent rise of consumer consciousness regarding the health qualities of foods and beverages has become something akin to common knowledge. Reflecting this rise, studies reveal that labels regarding the health qualities of a food are more likely to increase sales. And among the health labels consumers prefer, labels describing the product as natural top the list. One website reports that according to a recent study, 31.3-percent of respondents thought that "100% natural" was the best description to read on a label, compared with only 14.2-percent who thought that "100% organic" was the best description. "All natural ingredients" was the …
Cheaters Shouldn't Prosper And Consumers Shouldn't Suffer: The Need For Government Enforcement Against Economic Adulteration Of 100% Pomegranate Juice And Other Imported Food Products, Michael T. Roberts
Journal of Food Law & Policy
In the modern global food system - marked by the trade flow of a variety of food products and ingredients from multiple locations in the world - economically motivated adulteration has emerged as a growing menace that threatens the health and wellbeing of consumers, the economic livelihoods of honest purveyors of food in the global marketplace, and the integrity and viability of national food regulatory systems. Economic adulteration is a form of cheating that includes the padding, diluting, and substituting of food product. Although this cheating is rooted in past food systems, the new paradigm for economic adulteration - a …
Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe
Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe
Journal of Food Law & Policy
Why is the relationship between our food system and federalism important to American law and health? It is important simply because federal law controls the American food system. This essay considers how federal law came to structure our food system, and suggests that though food is an essential part of our national economy, the dominating role of the federal government alienates citizens from their food system. It does so by characterizing food as a primarily economic issue, rather than one that has ethical, health, and cultural components. However, state and local governments have much to offer in terms of broadening …
Canadian Food Law Update, Patricia L. Farnese
Canadian Food Law Update, Patricia L. Farnese
Journal of Food Law & Policy
Provided below is an overview of the developments in Canadian food law and policy in 2011. This update considers the regulatory and policy developments and litigation activities by the federal government. This focus reflects the significance of federal activities in the food policy realm.
Putting A Gag On Farm Whistleblowers: The Right To Lie And The Right To Reamin Silent Confront State Agricultural Protectionism, Rita-Marie Cain Reid, Amber L. Kingery
Putting A Gag On Farm Whistleblowers: The Right To Lie And The Right To Reamin Silent Confront State Agricultural Protectionism, Rita-Marie Cain Reid, Amber L. Kingery
Journal of Food Law & Policy
Whistleblowers play an important role in filling gaps in government food safety systems. Unfortunately, several dominant food-producing states have pursued legislative initiatives that punish farm whistleblowers and silence investigative tactics. First, this research describes various state legislative initiatives that curb criticism of agriculture. The work analyzes the federal food safety system and how these protections limiting agricultural criticism contravene that food safety net. Further, the research analyzes the free speech concerns in the newest protectionist laws. The analysis recommends strategies and future research to improve agricluture safety and protect free speech in an evolving food safety landscape.
European Union Food Law Update, Nicole Coutrelis
European Union Food Law Update, Nicole Coutrelis
Journal of Food Law & Policy
On March 31, 2006, the European Commission published Council Regulation (EC) No. 510/2006 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs. This new regulation repealed Council Regulation (EEC) No. 2081/92 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs mainly to bring Community law into conformity with the World Trade Organization (WTO) agreements and the findings of a recent WTO panel. Under the new Regulation, persons in third countries (non-European Union members) are entitled to address applications for the protection of geographic names and statements of objection …
United States Food Law Update, Michael Tingey Roberts, Margie Alsbrook
United States Food Law Update, Michael Tingey Roberts, Margie Alsbrook
Journal of Food Law & Policy
This update summarizes some of the significant changes and developments in food law over the first half of 2006. Not every change in food law is included; instead, this update provides a starting point for scholars, practitioners, food industry members, and policymakers determined to understand the shaping of food law in modern society. Tracing the development of food law through these updates, which appear in each issue of the Journal of Food Law & Policy, also provides historical context for the development of significant food law issues over time. New developments in state law, while certainly important and deserving in …
Creating Balance: Problems Within Dshea And Suggestions For Reform, Jennifer Akre Hill
Creating Balance: Problems Within Dshea And Suggestions For Reform, Jennifer Akre Hill
Journal of Food Law & Policy
The Dietary Supplement Health and Education Act of 1994 (DSHEA) was signed into law on October 25, 1994. At the signing, President Clinton endorsed the "intense efforts" of manufacturers and legislators to change the "treatment of dietary supplements under regulation and law." Further, the bill was signed with the hope that it would benefit consumers by permitting more access to dietary supplements and more choices for consumer directed healthcare. In support, politicians on both sides of the aisle claimed the DSHEA as a victory for consumer freedom, populist protection, and preventative medicine.
United States Food Law Update: The Fda Food Safety Modernization Act, Obesity And Deceptive Labeling Enforcement, A. Bryan Endres, Nicholas R. Johnson
United States Food Law Update: The Fda Food Safety Modernization Act, Obesity And Deceptive Labeling Enforcement, A. Bryan Endres, Nicholas R. Johnson
Journal of Food Law & Policy
The long-awaited enactment of the FDA Food Safety Modernization Act (FSMA), the most significant amendment to the Federal Food, Drug, and Cosmetic Act in several decades, provides the Food and Drug Administration (FDA) with significantly enhanced jurisdiction to close some of the gaps in the domestic food safety system. The enhanced FDA authority, however, will have little impact on the shared governance system at the federal level that involves multiple agencies, as the Act does not address the U.S. General Accounting Office's (GAO) repeated calls for consolidation of the fragmented federal food safety system. Rather, the Act perpetuates the division …
Greenwashing The Organic Label: Abusive Green Marketing In An Increasingly Eco-Friendly Marketplace, Greg Northen
Greenwashing The Organic Label: Abusive Green Marketing In An Increasingly Eco-Friendly Marketplace, Greg Northen
Journal of Food Law & Policy
The green wave of environmental advertising among organic food producers, distributors, and retailers begun during the 1990s has become an all-out green tsunami. The organic food market is the fastest growing segment of the American food industry. Consumers are increasingly becoming aware of the impact their purchases have on several environmental issues. As a result, those consumers are becoming more aware of their spending power and are willingly altering their buying practices to purchase from companies that emphasize environmental responsibility. In fact, some retailers' inventory is already being scanned for alternative green products by their customers' iPhones because, guess what, …
United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation And Regulatory Takings, A. Bryan Endres, Michaela N. Tarr
United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation And Regulatory Takings, A. Bryan Endres, Michaela N. Tarr
Journal of Food Law & Policy
The start of 2009 found the nation transitioning to a new presidential administration, speculating on the impact new appointees to the executive branch may have on regulatory priorities and monitoring a bill' making its way through Congress that seeks a substantial overhaul of the food regulatory system. This version of the Food Law Update will analyze two major developments in food allergy labeling: finalization of rules requiring the labeling of Cochineal extract/ carmine and an analysis of the proposed "gluten-free" product labels. The update next discusses the execution of an equivalency agreement between the United States and Canada with respect …
Dietary Supplements And Structure-Function Claims: The Dysfunctional Structure Of Current Regulation, Matthew W. Lindsey
Dietary Supplements And Structure-Function Claims: The Dysfunctional Structure Of Current Regulation, Matthew W. Lindsey
Journal of Food Law & Policy
Twenty percent of Americans report using one of the more than thirty thousand dietary supplement products generated by an estimated one thousand manufacturers, contributing to an industry exceeding twenty billion dollars globally. Fueled by increasing public interest in individual health, dietary supplement manufacturers in the United States (U.S.) continue to exploit the weaknesses in the way the Food and Drug Administration (FDA) regulates these products. Dietary supplement manufacturers perpetuate the perceived safety of supplements through the advertisement of structurefunction claims, which many consumers mistakenly assume to be the same as FDA-regulated health claims.
Labeling Of Credence Attributes In Livestock Production: Verifying Attributes Which Are More Than "Meet The Eye", Nicole J. Olynk, Christopher A. Wolf, Glynn T. Tonsor
Labeling Of Credence Attributes In Livestock Production: Verifying Attributes Which Are More Than "Meet The Eye", Nicole J. Olynk, Christopher A. Wolf, Glynn T. Tonsor
Journal of Food Law & Policy
Americans are increasingly sensitive to the conditions under which the foods they purchase and consume are produced. It is becoming commonplace for consumers to incorporate perceived environmental impacts, animal welfare concerns, and other process attributes into food purchase decisions. Increased interest in production practices and technologies employed in food production has been seen in the U.S. specifically concerning irradiation, antibiotics, and hormone and pesticide use. Perhaps one of the most controversial technologies employed in food production today is the use of genetic engineering. Not surprisingly, consumers are particularly sensitive about practices employed or technologies used in foods produced specifically for …
A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser
A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser
Journal of Food Law & Policy
America is unhealthy. America faces an obesity epidemic. The food consumed by Americans is making them fat. Americans, bombarded every single day by negative headlines like these, are becoming more and more health conscious. This newfound commitment to health is reflected in the food and beverages Americans purchase.
United States Food Law Update: Pasteurized Almonds And Country Of Origin Labeling, A. Bryan Endres
United States Food Law Update: Pasteurized Almonds And Country Of Origin Labeling, A. Bryan Endres
Journal of Food Law & Policy
The last six months of 2008 found the nation occupied with a heated presidential election campaign and the transition to a new party's control of the executive branch. The outgoing president, as is often the case in the waning months of an administration's time in office, attempted to finalize several policy initiatives. This version of the Food Law Update will discuss two major developments with significant long-term impact on the law of food: the implementation of mandatory country of origin labeling (COOL) for most unprocessed agricultural commodities; and the increasing use of the United States Department of Agriculture's (USDA) Agricultural …
Whatever Happened To Old Mac Donald's Farm… Concentrated Animal Feeding Operation, Factory Farming And The Safety Of The Nation's Food Supply, Julie Follmer, Roseann B. Termini
Whatever Happened To Old Mac Donald's Farm… Concentrated Animal Feeding Operation, Factory Farming And The Safety Of The Nation's Food Supply, Julie Follmer, Roseann B. Termini
Journal of Food Law & Policy
Today, livestock farming is a far stretch from the nostalgic notion of animals grazing in green pastures, roaming free in the fresh country air and returning at the end of the day to a cozy barn. Simply stated, livestock farming is a large scale business, where tens of thousands of animals are swiftly raised industrial-style for maximum profit. Under the "factory farm" model, large corporate owned operations grow quantities of animals for slaughter for human consumption as food. In fact, livestock farms now raise 40% of all animials in the United States.
United States Food Law Update, A. Bryan Endres
United States Food Law Update, A. Bryan Endres
Journal of Food Law & Policy
Michael T. Roberts and Margie Alsbrook noted in the Journal's inaugural Food Law Update that "[t]he one constancy about food law in the United States is change, especially in a rapidly-developing food industry." This observation holds true today and also augurs a change in authorship of this section of the Journal. I hope to follow my colleagues' lead and provide timely and cogent updates of the federal (and occasionally state) statutes, regulations, and judicial decisions impacting food law and policy. It is both an honor and a duty, as food and its legal implications remain in many respects "the world's …