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Full-Text Articles in Law
Animal Welfare Consumer Protection Litigation: Challenges And Possibilities For Bringing About More "Humane" Labeling Practices, Jaycie Thaemert
Animal Welfare Consumer Protection Litigation: Challenges And Possibilities For Bringing About More "Humane" Labeling Practices, Jaycie Thaemert
Animal Law Review
Consumer protection claims have become a critical tool for animal welfare advocates to attack the misrepresentations that animal agriculture producers make about the humane treatment of their animals. Currently, these claims are an important accountability mechanism, as “humane” labeling standards have not been adopted on the federal level. As consumers become increasingly focused on making ethical food-purchasing decisions, consumer protection claim lawsuits have become more and more successful, drawing the attention of attorneys within and outside of the animal welfare movement. The primary limitation of consumer protection claims in the animal welfare space is that these lawsuits do not actually …
Empowering Market Regulation Of Agricultural Animal Welfare Through Product Labeling, Sean P. Sullivan
Empowering Market Regulation Of Agricultural Animal Welfare Through Product Labeling, Sean P. Sullivan
Animal Law Review
In many Western nations, rising public concern about the welfare of agricultural animals is reflected in the adoption of direct regulatory standards governing the treatment of these animals. The United States has taken a different path, tending to rely on a “market-regulation” approach whereby consumers express their desire for specific welfare practices through their purchasing decisions. This Article explores the failure of market regulation and the welfare-preference paradox posed by consumers who express a strong preference for improved animal welfare in theory, but who simultaneously fail to demand heightened welfare standards in practice. It argues that market regulation is failing …
Meat Labeling Through The Looking Glass, Bruce Friedrich
Meat Labeling Through The Looking Glass, Bruce Friedrich
Animal Law Review
The United States Department of Agriculture (USDA) regulates meat labeling under the statutory authority of the Federal Meat Inspection Act (FMIA). The FMIA’s labeling preemption clause prohibits labeling requirements beyond federal requirements, and would thus preclude state causes of action on the basis of deceptive labels that were properly approved under federal law. Through the eyes of Kat, a hypothetical consumer concerned with the origins of the meat she purchases for her family, this Article argues that consumers should be able to pursue state law claims based on fraudulent animal welfare labels on packages of meat. This is true for …
Coalitions In The Jungle: Advancing Animal Welfare Through Challenges To Concentration In The Meat Industry, Lis Kamila
Coalitions In The Jungle: Advancing Animal Welfare Through Challenges To Concentration In The Meat Industry, Lis Kamila
Animal Law Review
The meat processing conglomerates that currently control the majority of the market share in the meatpacking industry are responsible for its most systemic animal abuses. Increased concentration has enabled these larger processors to dictate animal treatment standards maintained by meat producers, most of whom have caved to economic pressure and moved their animals from small farms into Concentrated Animal Feeding Operations. Animal welfare proponents have failed to adequately challenge the concentration of the meat industry and in 2012 have yet to fully explore strategies made available by the Packers & Stockyards Act of 1921 (PSA). This Article proposes that a …
False Advertising, Animals, And Ethical Consumption, Carter Dillard
False Advertising, Animals, And Ethical Consumption, Carter Dillard
Animal Law Review
In light of the fact that today’s consumers often want their products to be created in the most environmentally-, globally-, and animal-friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. This article investigates the ways that consumers can protect themselves from false advertising through the use of federal and state agencies, independant review, federal and state courts, and private attorneys general actions.