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Full-Text Articles in Law

A Bittersweet Deal For Consumers: The Unnatural Application Of Preemption To High Fructose Corn Syrup Labeling Claims, Josh Ashley Jul 2021

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 Jul 2021

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 …


The Tragedy Of The Horse, American Icon, Tim Opitz Jul 2021

The Tragedy Of The Horse, American Icon, Tim Opitz

Journal of Food Law & Policy

Whether a prohibition on slaughter improves the welfare of the American horse population is the focus of this article. At the time it was written, winter of 2010-2011, a confluence of Federal and State legislative action had ended domestic slaughter. These actions are detailed in the body of this article. Since 2007, the legal status of horse slaughter remained static. Just as Sir Isaac Newton's first law of motion explained, an object at rest tends to stay at rest. Legislative inertia is the perspective from which this article was originally written. However, Newton's first law also stated that the object …


European Union Food Law Update, Emilie Majster Jul 2021

European Union Food Law Update, Emilie Majster

Journal of Food Law & Policy

Nutrition is increasingly important in both the European Union (EU) and in global food-related policy making. Governments, which up until recently have focused on regulating food products based on a food safety perspective, are now turning to regulate from a nutritional aspect.


Canadian Food Law Update, Patricia L. Farnese Jul 2021

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.


Cle Working Paper No.2/2021--Defending Nature Against Rodenticides, Marie Turcott Mar 2021

Cle Working Paper No.2/2021--Defending Nature Against Rodenticides, Marie Turcott

Centre for Law and the Environment

Anticoagulant rodenticides (i.e., rat poisons) are highly toxic compounds that have been recognized for decades to have devastating effects on wildlife species and the wider ecosystem. In this paper, I argue that the continued use of anticoagulant rodenticides is entirely inconsistent with the provincial and federal governments' obligations to citizens and the environment under their respective pesticide legislation, and that the governments' failure to fulfill these obligations is due in part to the refusal to acknowledge rights of nature. I provide an overview of the current statutory and regulatory framework for pesticides in Canada and examine the practical effects of …


Greenwashing The Organic Label: Abusive Green Marketing In An Increasingly Eco-Friendly Marketplace, Greg Northen Jan 2021

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, …


The History And Future Of Genetically Modified Crops: Frankenfoods, Superweeds, And The Developing World, Brooke Glass-O'Shea Jan 2021

The History And Future Of Genetically Modified Crops: Frankenfoods, Superweeds, And The Developing World, Brooke Glass-O'Shea

Journal of Food Law & Policy

In a 1992 letter to the New York Times, a man named Paul Lewis referred to genetically modified (GM) crops as "Frankenfood," and wryly suggested it might be "time to gather the villagers, light some torches and head to the castle." Little did Lewis know that his neologism would become the rallying cry for activists around the world protesting the dangers of genetic engineering. The environmental activist group Greenpeace made great use of the "Frankenfood" epithet in their anti-GM campaigns of the 1990s, though they have since backed away from the word and the hardline stance it represents. But genetically …


Designing Dupes: A Legislative Proposal For Holding Online Marketplaces Contributorily Liable For Counterfeit Goods, Gina Boone Jan 2021

Designing Dupes: A Legislative Proposal For Holding Online Marketplaces Contributorily Liable For Counterfeit Goods, Gina Boone

Fordham Intellectual Property, Media and Entertainment Law Journal

With a simple click on your favorite online marketplace, any consumer can unknowingly buy counterfeit goods. Counterfeits are no longer limited to fake luxury bags on the streets of Chinatown. These dupes can be roller skates, children’s toys, and even car tires. However, counterfeit products’ impact reaches far beyond just consumer health and safety. Counterfeiting negatively affects small businesses, imposes financial burdens, and causes reputational damage. Online marketplaces are aware of the increase of counterfeit products on their websites. Yet, they continue to facilitate its growth because it is unlikely the online platforms will be held liable for the sale …