Food and Drug Law Commons^™

Advancing An Adaptive Standard Of Strict Scrutiny For Content-Based Commercial Speech Regulation, Nat Stern, Mark Joseph Stern

Scholarly Publications

No abstract provided.

Food Defense Among Meat Processing And Food Service Establishments In Kentucky, Morgan Webb-Yeates

Masters Theses & Specialist Projects

Agroterrorism is the deliberate introduction of a plant or animal disease with the
goal of causing fear, economic instability, illness, or death. After the 2002 terrorist
attacks on the World Trade Center, the security of the food supply is of increasing
concern to the United States. A major incidence of agroterrorism or food tampering would have far reaching impacts on the economy and public health. The first objective of this project was to determine knowledge and concern of agroterrorism in meat processing facilities in Kentucky, and to determine knowledge and concern of food tampering and food defense in food service …

The Forgotten Half Of Food System Reform: Using Food And Agricultural Law To Foster Healthy Food Production, Emily Broad Leib

Journal of Food Law & Policy

America is facing widespread problems with its food system, including environmental harms due to externalities from industrial farms; the increasing amount of "food _miles" traveled by the products that make up our daily meals; and the growing size and complexity of recent outbreaks of foodborne illnesses. Indeed, the entire system that covers the life cycle of food, through production, processing, distribution, consumption, and food waste management, is in crisis. One of the most disturbing of these well-documented problems with the industrial food system is the increase in rates of obesity and diet-related illnesses. Obesity rates in the U.S. have more …

An Overview Of Arkansas' Right-To-Farm-Law, L. Paul Goeringer, H. L. Goodwin

Journal of Food Law & Policy

In the 1980s, state legislatures in all fifty states enacted statutes commonly referred to as "right-to-farm" laws. Arkansas enacted its right-to-farm law ("the Act") in 1981. While there are similarities, these laws differ from state-to-state. All right-to-farm laws provide agricultural producers with statutory defenses to nuisance challenges, subject to certain conditions. As one scholar has noted, right-to-farm laws are designed "to protect existing farm investments by reducing actions under nuisance law that enjoined agricultural activities." These laws also work to preserve farmland and protect established farmland from the pressures of urbanization, allowing "farmers to continue with their husbandry pursuits rather …

United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong

Journal of Food Law & Policy

Observers of food law in the 2012 presidential election year witnessed a dramatic slowing of federal initiatives-perhaps arising from a desire by both Congress and the administration to avoid upsetting critical constituent groups during a year seemingly dominated by campaigns and endless talking points. For example, Congress failed to take action on a unique compromise between what some had considered mortal enemies-the Humane Society of the United States and United Egg Producers-that would implement a federal animal welfare standard for laying hens in return for abandoning ballot measures in various states. Similarly, the FDA waited until the early days of …

The U.S. Department Of Agriculture As A Public Health Agency? A "Health In All Policies" Case Study, Lindsay F. Wiley

Journal of Food Law & Policy

The "war on obesity" is now well into its second decade. What began as an effort to encourage medical doctors to screen and treat patients whose weight put them at risk for health problems has transformed into a much broader public health campaign to address the root causes of obesity. A growing number of state, territorial and local health departments are currently exploring new ways to promote healthy eating and physical activity. At the federal level, the U.S. Centers for Disease Control and Prevention (CDC) has made "nutrition, physical activity and obesity" a top priority.

Locally Grown Food: Examining The Ambiguity Of The Term 'Local' In Food Marketing, Brad Rose

Journal of Food Law & Policy

Locally grown food products are becoming increasingly popular among consumers. In response, many food retailers are devoting more space to locally grown products. The locally grown label is part of a marketing strategy designed to take advantage of consumer desires for fresh and safe products that support local farmers and help the environment. Many consumers believe that locally grown food is "fresher, has fewer chemicals, and comes from smaller, less corporate farms.' This increased demand from consumers has led to an "explosion of the use of the word 'local' in food marketing." However, there is no single definition of "local" …

Drugs And Alcohol In The Workplace , Venable, Baetjer & Howard, Esqs.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Book Reviews, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Environmental Regulation And The Doctrine Of Scientific Uncertainty: A Case Study Of The Epa's Cancellation Of 2, 4, 5-T, Wendy Wagner

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Utica Packing Co. V. Block, 781 F.2d 71 (6th Cir. 1986), David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Stemming The Global Trade In Falsified And Substandard Medicines, Lawrence O. Gostin, Gillian J. Buckley, Patrick W. Kelley

Georgetown Law Faculty Publications and Other Works

Drug safety and quality is an essential assumption of clinical medicine, but there is growing concern that this assumption is not always correct. Poor manufacturing and deliberate fraud occasionally compromises the drug supply in the United States, and the problem is far more common and serious in low- and middle-income countries with weak drug regulatory systems. An Institute of Medicine consensus committee report identified the causes and possible solutions to the problem of falsified and substandard drugs around the world.

The vocabulary people use to discuss the problem is itself a concern. The word counterfeit is often used innocuously to …

Harmony With Nature And Genetically Modified Seeds: A Contradictory Concept In The United States And Brazil?, Heather Leibowitz

Pace Environmental Law Review

Looking at the differing regulatory frameworks for genetically modified organisms (GMOs) in the United States and Brazil, this Article will help demonstrate how a lack of scientifically objective standards has allowed regulatory agencies to circumvent environmentally protective and sustainable policies. Additionally, this analysis will help illuminate what corrective steps can be taken.

Jurisdiction Of The Food And Drug Administration To Regulate Tobacco Products Under The Food, Drug, And Cosmetic Act: Food And Drug Administration V. Brown & Williamson Tobacco Corporation Et Al., Alison J. Lezak

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Emerging Partially Effective Vaccines: Ethical And Policy Considerations, Vincent Y. Ling J.D., M.S.

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Taxing Food And Beverage Products: A Public Health Perspective And A New Strategy For Prevention, Jennifer L. Pomeranz

University of Michigan Journal of Law Reform

The power to tax and spend is considered a primary government power, and the use thereof is associated with great public health achievements. The greatest public health challenge at present stems from the increase in obesity and chronic diseases due to poor nutrition. Several taxation strategies have emerged in the health and economic literature to raise revenue, deter consumption, and address food prices and obesity directly. These proposals include taxing obese individuals, taxing problematic food products, and instituting a tax based on certain food components. This article weighs each proposal's value and disadvantages and concludes by proposing a new tax …

Alcohol And Obesity Law In Canada, The United Kingdom, And Australia, M. Neil Browne, Nancy K. Kubasek

Cardozo Journal of International and Comparative Law

The article examines the legal frameworks governing disability discrimination related to alcohol dependence and obesity across Canada, the United Kingdom, and Australia. It highlights the varying degrees of protection afforded to individuals with these conditions under human rights legislation and employment laws. The analysis underscores the tension between recognizing these conditions as disabilities and balancing employer responsibilities, while also exploring the evolving nature of legal protections in light of recent court rulings and shifting societal attitudes.

California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Food Ordinances: Encouraging Eating Local, Mia Shirley

William & Mary Environmental Law and Policy Review

No abstract provided.

What Is The Best Way For Manufacturers And Physicians To Apply Sunscreen To Avoid Being Burned By The Final Sunshine Act Regulations?, Abraham Gitterman

Student Articles and Papers

This [article] explains the requirements under the Patient Protection and Affordable Health Care Act’s Physician Payment Sunshine Act that all medical product manufacturers report to Health and Human Services (HHS) any payment or transfer of value made to physicians and teaching hospitals. Author Abraham Gitterman ... warns that manufacturers may face adverse consequences of public access to payment data, including fraud and abuse investigations and private litigation actions. He recommends that manufacturers begin training employees to ensure compliance with the statute and reduce the likelihood of further investigations. He further suggests that the Center for Medicare & Medicaid Services (CMS) …