United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation and Regulatory Takings

42 Pages Posted: 20 Aug 2016

See all articles by A. Bryan Endres

A. Bryan Endres

University of Illinois - Department of Agricultural and Consumer Economics

Michaela Oldfield

Institute for Food Laws & Regulation

Date Written: 2009

Abstract

The start of 2009 found the nation transitioning to a new presidential administration, speculating on the impact new appointees to the executive branch may have on regulatory priorities and monitoring a bill making its way through Congress that seeks a substantial overhaul of the food regulatory system. This version of the Food Law Update will analyze two major developments in food allergy labeling: finalization of rules requiring the labeling of Cochineal extract/ carmine and an analysis of the proposed "gluten-free" product labels. The update next discusses the execution of an equivalency agreement between the United States and Canada with respect to organic certification. Both countries expect this agreement to facilitate further development of the organic industry in their respective nations. Finally, this update profiles four important cases decided during the first six months of 2009. The first two cases involve allegations of misbranding. The third case resolves a preemption issue centered on the role of state unfair competition claims as secondary enforcement models for the national organic program. The final case addresses another constitutional element-the intersection of food safety regulations with the takings clause of the Fifth Amendment.

As in previous editions of this update, necessity dictates that not every change is included; rather, the authors limited their analysis to significant changes within the broader context of food production, distribution, and retail. The intent behind this series of updates is to provide a starting point for scholars, practitioners, food scientists, and policymakers determined to understand the shaping of food law in modern society. Tracing the development of food law through these updates also builds an important historical context for the overall development of the discipline.

Keywords: food law, allergies, labeling, product labels

Suggested Citation

Endres, A. and Oldfield, Michaela, United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation and Regulatory Takings (2009). Journal of Food Law and Policy, Vol. 5, 2009, Available at SSRN: https://ssrn.com/abstract=2826765

A. Endres

University of Illinois - Department of Agricultural and Consumer Economics ( email )

1301 W. Gregory Drive
Urbana, IL 61801
United States

Michaela Oldfield (Contact Author)

Institute for Food Laws & Regulation ( email )

468 N. Shaw Lane
MSU College of Law
East Lansing, MI 48824
United States

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