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Food and Drug Law Commons™

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2007

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Articles 61 - 72 of 72

Full-Text Articles in Food and Drug Law

The First Amendment And Diet Industry Advertising: How Puffery In Weight-Loss Advertisements Has Gone Too Far, Jennifer E. Gross Jan 2007

The First Amendment And Diet Industry Advertising: How Puffery In Weight-Loss Advertisements Has Gone Too Far, Jennifer E. Gross

Journal of Law and Health

Stricter government regulations regarding commercial speech that promotes weight-loss or diet products should be considered for three reasons. First, studies have shown that diet industry advertising often makes weight loss claims that are scientifically impossible. Second, consumers have suffered adverse health effects as a result of trying weight-loss programs or diet products. Third, current FTC regulations are not curbing the problem. Part II of this note outlines the history of commercial speech and its protections under the First Amendment, along with the history of the rapidly expanding diet industry and its regulatory framework. Part II examines the three arguments in …

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The Role Of International Agreements In Achieving Food Security, Jack A. Bobo Jan 2007

The Role Of International Agreements In Achieving Food Security, Jack A. Bobo

Vanderbilt Journal of Transnational Law

This Article discusses how international agreements impact the ability of science and technology to enhance food security. International agreements, domestic laws, and regulations have the power to promote scientific research and the adoption of new technology through effective, efficient, and predictable science-based regulatory systems, or to impede development and adoption of new technology by miring it in burdensome or unnecessary regulations. This Article examines the disparate impacts of international agreements on food security through a case study of agricultural biotechnology. In particular, the Article looks at the principles and guidelines for risk assessment developed by the Codex Alimentarius Commission and …

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Attack Of The Balloon People, Keith E. Sealing Jan 2007

Attack Of The Balloon People, Keith E. Sealing

Vanderbilt Journal of Transnational Law

Any discussion of food security would, at first blush, seem to focus primarily on world hunger and other threats to the safety of the food supply, whether intentionally man-made (e.g., terrorism), inadvertently man-made (e.g., global warming), made-for-profit by industrial agriculture (referred to as "industrial food" throughout this Article), or "natural" although arguably man-abetted (such as bovine spongiform encephalopathy, or mad cow disease). And hunger is indeed a problem and likely to become more of a problem. However, this Article focuses on the long term threat to world health and world food security caused by the American way of eating; the …

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Fda Jurisdiction: A Matter Of Definitions, Lewis Grossman Jan 2007

Fda Jurisdiction: A Matter Of Definitions, Lewis Grossman

Contributions to Books

This chapter, new in the third edition, concerns how Congress, the Food and Drug Administration, and the courts have treated the definitions of "food," "drug," "cosmetic," "device," and "human biological product." The scope of FDA's power is delineated almost entirely by the list of product categories over which it has jurisdiction. As the materials in this chapter show, the product definitions are strikingly broad and thus confer jurisdiction over a vast range of goods. Furthermore, the definitions are remarkably plastic, providing FDA with great flexibility to decide whether and how to regulate products. Sometimes FDA has interpreted the definitions expansively, …

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Food Safety And Security: What Tragedy Teaches Us About Our 100-Year-Old Food Laws, Caroline S. Dewaal Jan 2007

Food Safety And Security: What Tragedy Teaches Us About Our 100-Year-Old Food Laws, Caroline S. Dewaal

Vanderbilt Journal of Transnational Law

The United States food safety system is antiquated and failing. The laws that form the foundation of our food protection and govern the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) were enacted over 100 years ago. While some new powers were given to FDA with the Bioterrorism Act of 2002, funding has not kept pace. Safe Food International (SF), a coalition of consumer organizations from around the world, created a set of guidelines outlining an ideal national food safety program. The current system in the United States falls short of that goal. The outbreaks …

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Legislative Implementation Of The Food Chain Approach, Jessica Vapnek Jan 2007

Legislative Implementation Of The Food Chain Approach, Jessica Vapnek

Vanderbilt Journal of Transnational Law

Food safety is an essential element of food security, since "adequate" food means food that is not only available, but also safe. Food safety systems have traditionally focused on end-product testing, which is an unsatisfactory means of ensuring safe food. An increasing focus on prevention has spurred interest in a food chain approach, which aims to control all steps in the food chain from production to consumption. Although the approach has drawn international attention in recent years, national lawmakers have lacked guidance on its implementation. This Article serves that need. Part II of the Article describes the international backdrop to …

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Food Safety, South-North Asymmetries, And The Clash Of Regulatory Regimes, Obijiofor Aginam Jan 2007

Food Safety, South-North Asymmetries, And The Clash Of Regulatory Regimes, Obijiofor Aginam

Vanderbilt Journal of Transnational Law

This Article explores the globalization of food safety concerns driven by the phenomenon of economic globalization, and the "legalization" of food safety disputes within the rules-based architecture of the World Trade Organization (WTO). Focusing on the interaction between WTO norms and the treaties of other multilateral organizations, the Article discusses the implications of the "clash of food safety regulatory regimes" for South-North asymmetrical relations between the rich and poor countries. The Article also discusses global economic diplomacy and the emerging WTO jurisprudence on the Agreement on Sanitary and Phyto-Sanitary Measures (SPS) disputes. This Article explores both the perceived and actual …

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To Achieve Closure Of The Hatch-Waxman Act's Loopholes, Legislative Action Is Unnecessary; Generic Manufacturers Are Able To Hold Their Own, Yana Pechersky Jan 2007

To Achieve Closure Of The Hatch-Waxman Act's Loopholes, Legislative Action Is Unnecessary; Generic Manufacturers Are Able To Hold Their Own, Yana Pechersky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Forced Medication And The Need To Protect The Rights Of The Mentally Ill Criminal Defendant, Emily C. Lieberman Jan 2007

Forced Medication And The Need To Protect The Rights Of The Mentally Ill Criminal Defendant, Emily C. Lieberman

Cardozo Public Law, Policy & Ethics Journal

The note argues that the current legal framework for forcibly medicating mentally ill criminal defendants, particularly pre-trial detainees, often violates their constitutional rights. It contends that the reliance on "dangerousness" as a criterion for forced medication is too vague and easily abused, leading to inconsistent and unconstitutional applications. The analysis advocates for stricter standards, clearer definitions of dangerousness, and heightened judicial scrutiny to protect the rights of mentally ill defendants.

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What Does Accidental Mean?: Autoerotic Asphyxiation As An Illustration Of The Problems Affecting Accident Insurance, Gabriel Burnham Jan 2007

What Does Accidental Mean?: Autoerotic Asphyxiation As An Illustration Of The Problems Affecting Accident Insurance, Gabriel Burnham

Cardozo Journal of Equal Rights & Social Justice

The note argues that the legal system's inconsistent interpretation of what constitutes an "accident" in the context of accidental death insurance leads to confusion and inequitable outcomes, particularly in cases involving autoerotic asphyxiation. It advocates for federal regulation to standardize definitions and reduce discrepancies in court decisions.

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Secondhand Smoke Signals From Prison, Scott C. Wilcox Jan 2007

Secondhand Smoke Signals From Prison, Scott C. Wilcox

Michigan Law Review

This Note argues that courts should acknowledge current societal and medical perspectives on second hand smoke (SHS) and afford real protection to prisoners against SHS through injunctive relief. Part I examines evidence that conclusively demonstrates the serious risk of harm posed by SHS to the health of inmates. It reports that inmates' long-term exposure to SHS increases their risk of contracting lung cancer, heart disease, and other potentially life threatening conditions. Part II argues that, as required by the Helling standard, contemporary society does not tolerate involuntary, long-term exposure to SHS and that prison officials exhibit deliberate indifference by allowing …

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Knowledge Commons: The Case Of The Biopharmaceutical Industry, Arti K. Rai Jan 2007

Knowledge Commons: The Case Of The Biopharmaceutical Industry, Arti K. Rai

Faculty Scholarship

No abstract provided.

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