Food and Drug Law Commons^™

Breaking Down Barriers To Giving: Policy Reform Needed To Protect Donors, Volunteers, And Food Charities, Ally Depriest

Journal of Food Law & Policy

Charitable organizations often depend on public support to fulfill their missions. This is especially true in the charitable food system, a network of nonprofit organizations, including food banks, pantries, and meal programs, which provide no-cost food to those in need. Within this system, volunteers, donors, and food charities each play an important role, such as donating surplus food, directing traffic at food drives, stocking local pantries, and preparing and serving meals at soup kitchens. Together, they provide both hope and nutrition to those in need. Without this public support, many food charities would be unable to operate. Encouraging public participation …

Closing The Gaps: Reforming Maryland Controls On Veterinary Antimicrobial Distribution, Samantha Capaldo, Kerry Mcclaughry

Journal of Food Law & Policy

Antimicrobials have been used in livestock and other food animals in the United States (“U.S.”) since the late 1940s. An antimicrobial is “[a]ny natural, synthetic, or semisynthetic substance that can eradicate or prevent the growth of microbes,” including “[a]ntibacterial, antifungal, antiparasitic, and antiviral medications.” Antimicrobial use in food animals is subject to a complex statutory and regulatory framework at both the state and federal levels. Antimicrobial use in food animals has been widely criticized for contributing to antimicrobial-resistant bacterial infections in humans. In response to this criticism, the U.S. Food and Drug Administration (“FDA”) and several states, including Maryland, have …

Plowing With A Pencil: Policy Approaches For States Squaring Agricultural Interests With Select Public Interests, Mary Eichenberger

Journal of Food Law & Policy

From a fifth-generation wheat farmer on the Kansas plains to a cattle rancher in Montana to a beginning peach producer in Georgia, American agriculture produces, provides, and protects sources of food, fiber, fuel, and shelter. American agriculture, once solely supported by rural family farmers and steeped in an agrarian system, now relies heavily on industrialized operations, creating an arena ripe for the clash of diverse policy perspectives. As farmers produce the food enjoyed at dinner tables across the country, the inevitable impacts of agriculture production on the environment have led to policy and legal arguments surrounding the regulation of agriculture. …

Key Contributions To Agricultural Law Select Works By Agricultural Law Professor, Susan A. Schneider, An Annotated Bibliography, Susan A. Schneider

Journal of Food Law & Policy

The authors provide an annotated list of publications, remarks, books, and book chapters authored by agricultural law scholar and professor, Susan A. Schneider, in honor of her forthcoming retirement.

The growth and evolution of the study of agricultural and food law may be attributed to several legal scholars who, based on a personal connection with agriculture, chose to dedicate their careers to advocating for the family farmer. Professor Susan A. Schneider is one such legal scholar.

Professor Susan A. Schneider, a native of Minnesota, is currently the William H. Enfield Professor of Law and the Director of the LL.M. in …

P-E-S-T-O-G-O: This Third Circuit Ruling Has Got To Go, A Deep Dive Into The Circuit Split Issue Of Fifra Preemption, R. Dylan Smith

Journal of Food Law & Policy

The American public is becoming increasingly concerned about pesticides. From “forever chemicals” to environmental justice concerns, public awareness of pesticide issues is only becoming more prevalent. However, one pesticide has seized public attention in a significant way. Glyphosate, the active ingredient in Monsanto’s “Roundup” and other commercial pesticides has been the subject of heated debate in federal courtrooms across the nation. The rising controversy over glyphosate has even led some jurisdictions to attempt to ban or restrict the use of the product altogether.

While the scientific studies and legal definitions about glyphosate and its cancer link are inconsistent, a reasonable …

An Interview With Former United States Department Of Agriculture General Counsel Janie Simms Hipp And Former Farm Credit Administration General Counsel David Grahn: Reflections On The Past & Future Of The Field Of Agricultural Law, Lauren Wustenberg

Journal of Food Law & Policy

Former United States (“U.S.”) Department of Agriculture (“USDA” or “Department”) General Counsel Janie Simms Hipp and Former Farm Credit Administration (“FCA”) General Counsel David Grahn have worked as public servants in the field of agricultural law for over forty years. They have led careers that are illustrative of the meaningful impact that a career in agriculture can have, the breadth and value of the Department of Agriculture, and the diversity of experiences and opportunities that a career in agricultural law can bring.

Janie and David graciously agreed to sit for the following interview in recognition of the 20th Anniversary Edition …

Municipalities, Let The People Have Their Chickens And Eat Them, Too, Cindy Vong

Journal of Food Law & Policy

In the pre-industrial era, before the advent of long-distance transportation or food preservation, human survival necessitated proximity to where food was grown or husbanded. Cities located near agriculturally productive lands and domesticated livestock animals were commonplace within cities. But by the 1920s, the technological innovations of the Second Industrial Revolution left urban areas free of farm animals and farm-related activities. Local governments exercised their powers to codify the separation of residential and agricultural uses within cities and reinforce the idea that food production was not proper in community neighborhoods. Yet, a century later, local governments use those same powers to …

Why Food In The United States May (Still) Never Be Safe: A Look Back At My Over Thirty Years Thinking About Food And The Law, Denis Stearns

Journal of Food Law & Policy

This article can serve a function as a concluding section—a kind of coda—for issues addressed in greater depth by the author (Denis Stearns) before.

This article also allows Sterns to return to a central question that prompted his thought-journey in the first place: Why does the food in this country continue to be so unsafe, despite all of the laws, all of the enforcement efforts, all of the food safety advocacy, and all of the lawsuits filed to recover damages on behalf of people injured and killed year after year. What follows, then, are additional and updated conclusions that thirty …

The Law Of Hard Times: What Today’S Lawyers And Policymakers Can Learn From The Farm Crisis Of The 1980s, Sarah Vogel, Mary Eichenberger

Journal of Food Law & Policy

It is undeniable, the United States is experiencing another farm depression similar to the Great Depression of the 1930s and the Farm Crisis of the 1980s. While every era is different, knowledge of the case law developed during the farm struggles of the 1930s and 1980s, and the statutory and regulatory reforms that arose from advocacy during those difficult times will be helpful to today’s agricultural lawyers and policymakers. As farmers and ranchers again find themselves, due to circumstances beyond their control, in financial distress, they will contact attorneys, state secretaries of agriculture, state attorneys general, agriculture organizations, and state …

Reflection And Gratitude: The Journal Of Food Law & Policy From A Twenty-Year Perspective, Margie Alsbrook

Journal of Food Law & Policy

Twenty years after the Journal of Food Law & Policy published its first issue, I find myself looking back with deep gratitude for the people who helped create it, for the students who sustained it, and for the community that continues to make it thrive. What began as an untested idea has grown into a respected publication and a cornerstone of a still-growing field. This essay is both a reflection on that journey and a heartfelt thank-you to everyone who made it possible.

Food Inspections: Searching For Contamination (And Solutions) In A Haystack, Abigail Schneider, Benjamin Kelly, Michael S. Sinha

Journal of Food Law & Policy

Food recalls in the United States often reveal serious mismanagement and structural issues in both government and private industry, yet they have become unremarkable and even expected in our modern world. The procedure employed by the U.S. Food and Drug Administration (“FDA”) to monitor food manufacturing is a valuable process which protects every person who lives in the United States. However, the effects of monitoring as a tool for oversight is limited if there is no efficient response when problems arise. FDA inspects pharmaceutical, cosmetic, and food manufacturing facilities both domestically and abroad. When those inspections reveal the presence of …

A Critical Look At A New Iowa Law Allowing Minors To Serve Alcohol, Tom Hubbard

Journal of Food Law & Policy

In the never-ending tug-of-war of today’s charged political climate, the child labor discussion has been caught right in the crosshairs. While the Biden administration promised to crack down on child labor law violations (with varying degrees of success), more states continue making it easier for children to work. Because of this, the opportunity to exploit a progressively younger workforce will continue to grow. Amidst this backdrop, this article focuses particularly on a new Iowa law that expands child labor across the state. While there are many states seeking to roll back child labor law protections, Iowa’s new law seems to …

Food For Thought: Funding The National School Lunch Program While Simultaneously Providing Tax Incentives To Farmers, Carter Wade

Journal of Food Law & Policy

This note will focus primarily on the National School Lunch Program (“NSLP”) and propose a solution aimed at reducing the costs of implementing it. It begins with a historical background into how the NSLP came to be and the various adaptations and programs that came out of it. This note then covers current programs and organizations that have arisen to support nutritional education and provide healthy meals to school children. It then compares several contribution-based tax incentive programs, which serve as inspiration for the final proposed tax incentive program for farmers in the closing section. Through the years, rising costs …

Negotiating Food Security, Maria Cudowska

Journal of Food Law & Policy

In the United States and worldwide, nutrition and food emerge as both high-profile public policy targets and as fundamental aspects of the right to self-determination. This Article examines how national security impacts food security in the United States. It explores conflicts and synergies between municipal, state, and federal law developments related to the right to food and investigates recent developments in how those commitments have been negotiated. The challenge and nebulous justiciability of the right to food can be in part attributed to existing global and national systems, which include supply chains, welfare programs, and foreign investment in the U.S. …

Labeling Energy Drinks: Tackling A Monster Of A Problem, Meredith P. Mulhern, Michael S. Sinha

Journal of Food Law & Policy

Energy drinks first rose to popularity in the 1980s after the creation of Red Bull. In addition to high caffeine amounts, energy drinks often contain herbal stimulant additives, vitamin and mineral mixtures, and sugar. There is very little information available on the long-term effects of these stimulant mixtures on the body. Although many consumers purchase energy drinks because of their caffeine content, many are left in the dark when it comes to labeling transparency and are unaware of their true contents. Energy drinks are classified as dietary supplements, meaning they are not directly regulated by the FDA before hitting store …

Forced To Weather The Storm: Reforming The Livestock Indemnity Program To Improve Farm Animal Welfare, Cameron Krier Massey

Journal of Food Law & Policy

Each year, extreme weather events put the lives and wellbeing of millions of farm animals at risk. These events can lead to injury, suffering, acute and chronic stress, decreased productivity, and loss of life. As storms increase in frequency and intensity, efforts should be made to ensure livestock are protected. This paper proposes modifications to the Livestock Indemnity Program (LIP), a federally run disaster assistance program that compensates livestock owners and growers for animal deaths and reduced value caused by eligible conditions, including extreme weather. Surprisingly, the program does not require producers to show proof and use of a disaster …

Udder Confusion: An Almond Milk Case Study To Examine The Complex Interplay Of Consumer Choices, Social Media, And Regulation, Madeline Mcculloch

Journal of Food Law & Policy

The preference for plant-based diet options has steadily increased for the American public. This is all particularly true for alternative milks. By the end of 2020, plant-based milk alternatives (“PBMA”) accounted for approximately fifteen percent of the total milk market and thirty-five percent of the overall plant-based market, making alternative milks, particularly almond, one of the most popular ways for people to dabble in a plant-based diet. Almond milk holds the gold in the U.S. plant-based milk market. It is, first, essential to examine the comprehensive context surrounding almond milks’ status on grocery shelves. This writing will attempt to do …

Legal Chefs’ Appetizing Taglines To Engage Consumers In The Age Of Social Media: The Struggle Against Trademark Genericide, Emily Mcdonald

Journal of Food Law & Policy

Many have heard the phrases “raisin bran,” “escalator,” “nylon,” and “aspirin,” all of which are “old” trademarks that have undergone genericide. Genericide occurs when a trademark has become common from the customer’s perspective concerning specific goods or services rather than associated with the source, which is usually the company that registered the trademark. In short, businesses are no longer able to use the trademark exclusively. Another common trademark phrase that became generic was “Taco Tuesday.” In light of the prolific use of social media today, recent data and statistics show that “food” has become a predominant category and trend on …

Food Identity, Mathilde Cohen

Journal of Food Law & Policy

Food identities are typically ascribed either based on medical or social definitions or chosen by individuals. But they can also be expressive dimensions of other identity traits such as race, ethnicity, religion, national origin, gender, age, body size, disability, and socio-economic status, among others. What role does the law play in supporting or undermining certain food identities? This Article makes two central contributions. First, it highlights that though U.S. law recognizes food identity as an interest to be protected in certain contexts, it does so in an unsystematized way, contributing to systemic deprivation and discrimination in relation to foodways. The …

The Costs Of Convenience: A Case For Regulating Online Food Marketplaces In The Public Interest, Angela Lee

Journal of Food Law & Policy

As digital platforms have become more popular, including those relating to food ordering and delivery, the range of both their positive and negative impacts have become more apparent. In response, governments in various jurisdictions have made efforts at regulating such platforms, as part of their mandate of balancing complex and often competing goals in the public interest. Unfortunately, attempts at governing digital platforms to date have largely proven ineffective at checking the power of the large corporations that are behind their growth and expansion. I argue that a critical assessment of these new forms of online food marketplace further supports …

Misinformation In U.S. Food And Agriculture: A Policy Analysis Of Impacts And Recommended Solutions, Jamie Woodside

Journal of Food Law & Policy

This paper aims to review the current state of play of misinformation in the U.S. food and agriculture sectors—delving into the roots of misinformation, its propagation through social media and traditional channels, and its consequences for the agricultural sector and society at large. Additionally, through an examination of existing laws, regulations, and potential legal remedies, this paper aims to shed light on the challenges posed by misinformation and offers recommendations for mitigating its harmful effects.

I’M Not Lovin’ It: Re-Thinking Fast Food Advertising, Brody Shea, Michael S. Sinha

Journal of Food Law & Policy

In 1971, the Federal Trade Commission (“FTC”) and the Food and Drug Administration (“FDA”) agreed to prevent injury and deception to the consumer in advertising, detailing their respective roles in a Memorandum of Understanding (“MOU”). The MOU has been amended and an addendum added since 1971, but the material provisions have remained consistent for over a half-century. The FTC has regulatory authority over fast food advertising while the FDA regulates fast food, which creates a proverbial fork in the road. The fork in the road widens when considering the FDA has an active role in curbing the obesity epidemic through …

The Dark Side Of The Balloon: Restrictions On Foreign Investment In U.S. Farmland, Sarah Everhart

Journal of Food Law & Policy

This Article argues that if legislators truly want to strengthen our food system, they should shift their focus from preventing foreign investment in farmland to supporting domestic investment in farmland. According to the National Young Farmer Survey, finding affordable land to buy is the top challenge for young farmers. This Article begins with examining the history of restricting foreign ownership of U.S. farmland. This Article also explores the current landscape of foreign investment in U.S. farmland and the perceived threat associated with this investment. The Article also examines the current renewed interest in preventing foreign landholding and what has happened …

Developing An Efficient Regulatory Framework For Safe Street Food In Bangladesh: Lessons From Comparative Analyses With India, Thailand, And New York City, Usa., Abu Noman Mohammad Atahar Ali

Journal of Food Law & Policy

Globally, approximately 2.5 billion individuals consume street food1 daily. Street food is affordable, convenient, and sometimes nutritious, offering diverse and appealing food choices. A World Health Organization (WHO) report in 1996 ascertained that 74% of countries recognized the substantial contribution of street foods to their urban food supply The following parts of the article look into street food's impact on public health and its implications for the lives of people in Bangladesh. Subsequently, it will examine previous initiatives and current endeavors to ensure street food safety and hygiene. Following this literature review, the study will conduct a detailed examination of …

Re-Regulating Dietary Supplements, Jessie L. Bekker, Alex Flores, Michael S. Sinha

Journal of Food Law & Policy

In 1994, Congress introduced the Dietary Supplement Health and Education Act (DSHEA) to create a regulatory framework for the dietary supplement industry. Despite the increased market size of dietary supplements, the Food and Drug Administration’s (FDA) pre-market authority to regulate the introduction of dietary supplements into the stream of commerce has remained subdued. Under DSHEA, the FDA has limited authority to review dietary supplements before entering the market. Unlike pharmaceuticals, which must be proven safe and effective prior to approval and marketing, dietary supplements can be sold to consumers without such reassurances. We call on Congress to amend DSHEA to …

The Contradictory Nature Of U.S. Laws And Nutrition Programs And Their Effects On Infant Feeding, Lily Patel

Journal of Food Law & Policy

The contradictory nature of U.S. laws, including the laws concerning infant feeding, though supposedly aligned with policies to promote wellness in Americans, can exacerbate gender and race inequality and work against the National Strategy. The overarching goal of U.S. laws concerning infant feeding is to ensure that infants are fed, nourished, and receive proper nutrition. However, the laws often appear to be directly contradictory to one another in the priorities they are promoting.

Free For All: Proposing Legislation To Eliminate Food Insecurity In Arkansas Public Schools, A. Mills Bryant

Journal of Food Law & Policy

Schools serve millions of students daily as one of the largest food distribution sites in the United States. However, more than 13.1 million children in the United States, and almost 150,000 in Arkansas, are food insecure. Before the COVID-19 pandemic, most Arkansas schools offered free and reduced lunch to students at or below the poverty line through participation in the National School Lunch Program (“NSLP”). During COVID-19, Congress passed The Families First Coronavirus Response Act (“FFCRA”) and The Coronavirus Aid, Relief, and Economic Security Act (“CARES”) (hereinafter “The Acts”). This legislation effectively eliminated food insecurity in participating American public schools, …

Chewing The Welfare Cud: A Digested Analysis Of A Consumer Versus Producer-Defined Standard Of Welfare Practices In Animals Raised For Human Consumption, Caitlin C. Robb

Journal of Food Law & Policy

Since the eighteenth century, animal well-being remains a concern for American citizens. Yet, underlying this concern is the thought that while humans should not be cruel to animals, animals are still private property subject to human ownership. Therefore, multi-faceted questions of what constitutes “animal welfare” find a place in modern American debate. One such question becomes: should the producer or the consumer define welfare practice standards of animals raised for human consumption?7 This note provides an answer to this question by first analyzing the robust history of animal welfare in the United States, along with the domestic and international impact …

Journal Of Food Law & Policy - Fall 2023, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Journal Of Food Law & Policy - Spring 2023, Journal Editors

Journal of Food Law & Policy

No abstract provided.