United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation and Regulatory Takings
42 Pages Posted: 20 Aug 2016
Date Written: 2009
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
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