Food and Drug Law Commons^™

Obesity Prevention Policies At The Local Level: Tobacco's Lessons, Paul A. Diller

Maine Law Review

For at least a decade, commentators have speculated that obesity is the next tobacco, a public health scourge that might nonetheless offer a gold mine to ambitious plaintiffs’ lawyers. Successful lawsuits, as in the tobacco context, might spur the food industry to reform its practices so as to help reduce the alarmingly high national obesity rate. The obesity narrative, however, has not played out accordingly to the same script as tobacco. Relatively quick action by most state legislatures immunized the food industry to tort lawsuits seeking obesity-related damages, and the scant judicial opinions on the issue have skeptically assessed plaintiffs’ …

The Symbolic Garden: An Intersection Of The Food Movement And The First Amendment, Jaime Bouvier

Maine Law Review

What is communicated when a neighbor raises raspberries instead of roses on the porch trellis, grows lacinato kale rather than creeping bentgrass in the front yard, or keeps Buckeye hens rather than a bulldog? This essay asserts that these and other urban agricultural practices are expensive—that they are not just ends in themselves but are commutative acts. These acts are intended to educate neighbors, assert a viewpoint, establish identity, and area widely viewed as symbols of support for a social and political movement—what Michael Pollan has dubbed the “Food Movement.” And, as symbolic acts, they deserve protection under the First …

From " Food Miles" To "Moneyball": How We Should Be Thinking About Food And Climate, Bret C. Birdsong

Maine Law Review

Since Michael Pollan polarized the push to eat local food in his bestseller, The Omnivore’s Dilemma, the concept of “food miles” has been something of a rallying cry and an organizing principle in the marketing of the local food movement. Among locavores and their sympathizers, the term seems to encapsulate all that is wrong with the food system. Fresh grapes from Chile make their way to supermarkets from Maine to Minnesota, and even California. Major food conglomerates process commodity ingredients like corn, soy, and wheat into packaged food that travels across the country and across oceans before landing on a …

Legal Institutions Of Farmland Succession: Implications For Sustainable Food Systems, Jamie Baxter

Maine Law Review

The legal institutions relevant to farmland succession—defined as the transfer of property in and control over farmland—are increasingly important determinants of sustainable environmental outcomes on modern farms. The history of farmland succession has been written, by and large, through extra-legal processes of transfer and inheritance between generations of close family relations. This familiar “family farm” model, however, is rapidly being replaced by succession arrangements between non-relatives, often strangers, with entrant farmers from non-agricultural backgrounds. As a growing number of current farmers retire and seek creative ways to transfer control and ownership of their farms, the availability and content of property …

Colloquium: Local Food || Global Food: Do We Have What It Takes To Reinvent The U.S. Food System?, Agnieszka A. Pinette Editor-In-Chief

Maine Law Review

No abstract provided.

The Recent Enactment Of National Mandatory Gmo Labeling Law: Superior To A Voluntary Labeling Scheme But Unlikely To End The Labeling Controversy, Nan Feng

Seattle University Law Review

Part I of this Note provides background information about the major controversies related to GM foods, including the debate about whether such foods should be labeled, and the history of GMO labeling laws in the United States. Part II compares S. 764 with H.R. 1599 and explains why a national mandatory labeling approach is superior to the voluntary labeling approach advocated by the House. Part III discusses the potential drawbacks and effect of S. 764 and finally concludes that the rulemaking process that will follow may create controversies and litigation.

Abigail Alliance For Better Access To Deveopmental Drugs V. Von Eschenbach: Access To Experimental Drugs: Is Access To Experimental Drugs A Fundamental Right When It Comes To The Treatment Of The Terminally Ill?, Preston W. Lesley

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Commercial Deception By Anti-Vaccine Homeopathic Websites: A Consumer Protection Approach, Donald C. Arthur

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Is "Product Hopping" Anti-Competitive Or Fair Game?: A Look At The Second And Third Circuit Divisions In Actavis Plc And Mylan Pharmaceuticals, Alexis S. White

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

The Uncharted Waters Of Competition And Innovation In Biological Medicines, Erika Lietzan

Florida State University Law Review

In 2010, Congress fundamentally changed how federal law encourages the discovery and development of certain new medicines and for the first time authorized less expensive “duplicates” of these medicines to be approved and compete in the marketplace. The medicines at issue are biological medicines—generally, medicines made from, or grown in, living systems. Many of the world’s most important and most expensive medicines for serious and life-threatening diseases are biological medicines. Today, that law is beginning to bear fruit; FDA has begun to approve the first of these duplicates, called “biosimilars,” and the products have begun to enter the marketplace.

We …

Eating Is Not Political Action, Joshua Ulan Galperin, Graham Downey, D. Lee Miller

Elisabeth Haub School of Law Faculty Publications

Food and environment are cultural stalwarts. Picture the red barn and solitary farmer toiling over fruited plains; or purple mountains majesty reflected in pristine waters. Agriculture and environment are core, distinct, American mythologies that we know are more intertwined than our stories reveal.

To create policy at the interface of such centrally important and overlapping American ideals, there are two options. Passive governance fosters markets in which participants make individual choices that aggregate into inadvertent collective action. In contrast, assertive governance allows the public, mediated through elected officials, to enact intentional, goal oriented policy.

American mythologies of food and environment …

An Examination Of Trans Fat Labeling: Splitting The Third & Ninth Circuit, Jack Gainey

Washington and Lee Journal of Civil Rights and Social Justice

At first glance, consumer claims alleging misleading labeling would seem to find a simple resolution. Under 21 U.S.C. § 343, which governs misbranded food, a food product is misbranded if “its labeling is false or misleading.” However, controversial interpretation of seemingly straightforward statutory language, together with evolving case law, have blurred a once clear picture. Disagreement over the federal preemption of consumer claims regarding trans fat, underscored by a dispute regarding standing, have combined to create a divergence of opinions between courts across the country.

In 2011, the United States District Court for the Northern District of California considered a …

Indian Country Complexities And The Ambiguous State Of Marijuana Policy In The United States, Lauren Adornetto

Buffalo Law Review

No abstract provided.

Up In Smoke? Unintended Consequences Of Retail Marijuana Laws For Partnerships, Lauren A. Newell

Cardozo Law Review

The article examines the legal challenges faced by partnerships in Colorado's retail marijuana industry due to the conflict between state and federal laws. While Colorado has legalized marijuana, federal law continues to classify it as illegal, creating uncertainty and risks for partnerships operating in this sector. The illegal purpose doctrine and preemption issues further complicate the legal landscape, threatening the validity and protections of such partnerships. The analysis highlights the need for legislative or judicial solutions to address these conflicts and provide clarity for businesses.

Beyond Zero-Sum Environmentalism, Jessica Owley, Shalanda Baker, Robin Kundis Craig, John Dernbach, Keith Hirokawa, Sarah Krakoff, Melissa Powers, Shannon Roesler,, Jonathan Rosenbloom, J. B. Ruhl, Jim Salzman, Inara Scott, David Takacs

Articles

Environmental law and environmental protection are often portrayed as requiring trade offs: "jobs versus environment," "markets versus regulation," "enforcement versus incentives." In the summer of 2016, members of the Environmental Law Collaborative gathered to consider how environmentalism and environmental regulation can advance beyond this framing to include new constituents and offer new pathways to tackle the many significant challenges ahead. Months later, the initial activities of the Trump Administration highlighted the use of zero-sum rhetoric, with the appointment of government officials and the issuance of executive orders that indeed seem to view environmental issues as in a zero-sum relationship with …

Pay-For-Delay: How Brand-Name And Generic Pharmaceutical Drug Companies Collude And Cost Consumer Billions, Raymond J. Prince

South Carolina Law Review

No abstract provided.

Crispr: Redefining Gmos—One Edit At A Time, Eric E. Williams

University of Arkansas at Little Rock Law Review

No abstract provided.

Agricultural And Food Law—Food Labeling And Biotechnology—The Food Fight Over Labeling Genetically Engineered Foods And A Natural Solution To Protect Agricultural Biotechnology In The Natural State, Katie W. Branscum

University of Arkansas at Little Rock Law Review

No abstract provided.

Religion In The Time Of Measles: Prescriptions For Minimizing The Public Health Threats Associated With Religious Exemptions From Mandatory Vaccinations, Victor Diego Gonzalez

Cardozo Public Law, Policy & Ethics Journal

The note examines the legal and public health tensions surrounding childhood vaccination mandates, emphasizing the balance between individual rights and societal interests. It argues that while states have the authority to compel vaccinations under their police powers, the proliferation of nonmedical exemptions, particularly philosophical ones, undermines herd immunity and public health. The analysis advocates for stricter criteria for religious exemptions and educational measures to address vaccine hesitancy, while cautioning against eliminating religious exemptions entirely to avoid public backlash.

Tobacco Denormalization, Anti-Healthism, And Health Justice

Marquette Benefits and Social Welfare Law Review

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