Food Law CLE at UCLA – June 6-7

The Resnick Center is collaborating with CLE International to present the fourth annual Food Law Conference at the UCLA Faculty Center on June 6 and 7, 2019.  This conference brings together an amazing group of practitioners, regulators, academics, and stakeholders to present on numerous important food law topics, including standards and food fraud, preemption, and class actions.  You can find the full brochure with a schedule of events here, and you can register here.

Please join us!

New Scholarship: The New Food Safety

by Diana Winters

Emily M. Broad Leib and Margot Pollans recently posted The New Food Safety, forthcoming in the California Law Review, on SSRN.  The article argues for a comprehensive definition of “food safety” that encompasses “acute ingestion-related illness” (narrow food safety), “whole-diet, cumulative ingestion-related risks that accrue over time” (intermediate food safety), and “risks that arise from food production or disposal” (broad food safety).  The articles discusses why our current divided regulatory approach is problematic, and may actually exacerbate food-related harms.  In addition to calling for an expanded definition of “food safety,” the article proposes better interagency coordination and the creation of a single Food System Safety agency.

This compelling work  is applicable outside of the context of food, and will appeal broadly to scholars of the regulatory space.

Food Law CLE at UCLA – June 6-7

The Resnick Center is collaborating with CLE International to present the fourth annual Food Law Conference at the UCLA Faculty Center on June 6 and 7, 2019.  This conference brings together an amazing group of practitioners, regulators, academics, and stakeholders to present on numerous important food law topics, including standards and food fraud, preemption, and class actions.  You can find the full brochure with a schedule of events here, and you can register here.

Please join us!

New Scholarship: Holding the Animal Agriculture Industry Accountable for Climate Change

by Diana R. H. Winters

UCLA Law 3L Amit Liran has published “Holding the Animal Agriculture Industry Accountable for Climate Change: Merits of a Public Nuisance Claim Under California and Federal Law,” in the Villanova Environmental Law Journal (Vol. 30, Issue 1 (2019)).  This paper develops arguments for a public nuisance claim under both California state and federal common law against companies within the animal agriculture industry for their role in climate change and assesses the validity of such arguments.

About coming to this topic, Liran writes:

“I was first inspired to write Holding the Animal Agriculture Industry Accountable for Climate Change: Merits of a Public Nuisance Claim Under California and Federal Law            while enrolled in the “Introduction to Food Law and Policy” course taught by Professor Michael T. Roberts, the founding Executive Director of the Resnick Center for Food Law and Policy at UCLA School of Law.  Class discussions regarding civil food law claims based on misrepresentations of nutritional facts made me consider potential claims against huge forces in the food industry that—motivated by profits—have continuously pushed long-standing misconceptions regarding the nutritional value of modern food staples.  This strategy boosted consumption of their products and thereby materially contributed to today’s most pressing exigency: climate change.  Based on parallel claims that have been brought against fossil fuel companies, I developed and wrote about potential litigation strategies against the most culpable of such forces.”

 

Enjoy!

 

“Public Values in Conflict with Animal Agribusiness Practices” Conference at UCLA Law

By Michael T. Roberts

 

On February 23, 2019, the Resnick Center for Food Law and the UCLA Animal Law and Policy Program hosted a one-day conference at UCLA Law titled, “Public Values in Conflict with Animal Agribusiness Practices.” The conference featured three panels about subjects relevant to closing the gap between public values and animal agribusiness practices. These three panels addressed  the role and utility of undercover investigations, production method issues and consumer perceptions of labels, and private agreements with corporations as a way to improve business practices that affect workers and animals and to reduce animal products.

This conference was part of a joint Initiative on Animals in Our Food System between the Resnick Center and the UCLA Animal Law and Policy Program and funded by a generous gift from the Animal Welfare Trust. We previously co-hosted with the Animal and Law and Policy Program a Roundtable discussion on the legal and business considerations in how investments are made in plant-based enterprises. We have also incorporated law and policy issues related to animals in the food system in our classes and events. The Center is grateful for its association with the UCLA Animal Law and Policy Program and looks forward to future joint activities.

The Resnick Center and The Promise Institute at UCLA Law Host UN Food and Agriculture Organization Director-General José Graziano da Silva

by Diana R. H. Winters

On February 15, 2019, the Resnick Center for Food Law and Policy and The Promise Institute for Human Rights at UCLA Law hosted the UN Food and Agriculture Organization (FAO) Director-General José Graziano da Silva, who gave a talk titled, “A Global Perspective on Regulating and Promoting Nutrition.”  We were honored to host the Director-General for this important presentation.

In his talk, Graziano da Silva emphasized the critical need for regulation regarding healthy food.  He explained that while there are regulations regarding food safety, global entities have entirely failed to regulate for the nutritional value of food.  The world is grappling with a crisis of malnutrition—a broad concept that includes obesity as well as hunger—and this crisis is exacerbated by the failure of regulation.  Malnutrition costs the world economy between three and five billion dollars a year, which is approximately 3% of the global economy.  This problem must be seen as a public issue, Graziano da Silva said, not an individual one, and it is critical that countries find a way to work together.  This is the foremost challenge the FAO faces.

Graziano da Silva was introduced by Hilal Elver, the Global Distinguished Fellow at the Resnick Center for Food Law & Policy, and the United Nations Special Rapporteur on the Right to Food.  The video recording of the entire event can be found here.

FDA Commissioner Scott Gottlieb resigns

by Diana R. H. Winters

Much of the coverage of the resignation of FDA Commissioner Scott Gottlieb highlights his work to regulate the e-cigarette and tobacco industries and his mixed record on the opioid addiction epidemic.  See here, here, and here, for example.  Despite criticism for delaying certain e-cigarette regulations, Commissioner Gottlieb stood out in the Trump administration for his willingness to regulate and to challenge the tobacco, e-cigarette, and drug industries.  Similarly, and surprisingly, the FDA under Gottlieb continued to move ahead with certain Obama era nutrition policy initiatives and began to spearhead some of its own.  The agency moved ahead with changes to the nutrition facts label, with requirements that certain restaurants post calories on menus, and with an FDA initiative to reduce sodium levels in the food supply.  Moreover, in a speech to the National Food Policy Conference delivered in March 2018, Gottlieb outlined a new FDA nutrition strategy, designed to reduce the toll that poor nutrition takes on Americans’ health.  Gottlieb explained that the FDA would “use our tools and authorities to create better ways of communicating nutrition information to consumers so they can be empowered to make good choices. And we’ll advance new ways to make science-based claims that provide more incentives for food manufacturers to produce products with more healthful attributes.”

What’s next for the FDA?  As the FDA’s tobacco and e-cigarette initiatives are now up in the air, so are those regarding nutrition policy.

Food Law News

Today was just chock full of food law & policy news.

1. The Supreme Court turned down challenges to two of California’s animal welfare laws: A) Proposition 2, California’s Prevention of Farm Animal Cruelty Act, which mandates that the state’s farm animals need be able to “turn around freely, lie down, stand up, and fully extend their limbs,” and B) CA’s foie gras ban.

The New Food Economy has a good summary of these laws and the challenges here: https://newfoodeconomy.org/supreme-court-animal-welfare-law-cage-free-egg-foie-gras-ban/

2. A federal judge in Iowa found the state’s “ag gag” law unconstitutional, saying that it violates the First Amendment.  https://www.desmoinesregister.com/story/money/agriculture/2019/01/09/ag-gag-law-iowa-struck-down-federal-judge-ia-agriculture-first-amendment-free-speech-puppy-mills/2527077002/

3. The government shutdown’s effect on food safety inspections has been widely noted: https://thehill.com/homenews/administration/424562-fda-says-most-food-inspections-have-been-halted-amid-shutdown.  FDA Commissioner Scott Gottlieb weighed in on Twitter, however, to explain that the FDA has NOT stopped inspections, but has postponed a small amount of routine inspections.  He wrote, “Food Safety During Shutdown: We’re taking steps to expand the scope of food safety surveillance inspections we’re doing during the shutdown to make sure we continue inspecting high risk food facilities. 31% of our inventory of domestic inspections are considered high risk…”

See thread: https://twitter.com/SGottliebFDA/status/1083055700593516545

He also explained, “We wouldn’t have conducted inspections during the 2 weeks around Christmas and New Years, so this is really the first week where there might have been *some* inspections postponed while we put in place mechanisms to continue high risk food surveillance inspections during shutdown”

For more discussion on the background of food safety inspections, and for fantastic food policy tweeting in general see Politico’s Helena Bottemiller Evich’s tweets: https://twitter.com/hbottemiller

 

 

Street Vending Decriminalized in L.A.

Just a note to follow up on our guest post by Joseph Pileri on October 3, 2018, discussing new legislation legalizing street vending across California.  This week, the Los Angeles City Council finalized an ordinance legalizing and regulating street vending, ahead of the state law discussed by Pileri that takes effect on January 1, 2019.  The city will implement a permit system, granting site-specific permits to vendors.  This system will take a year to develop, and until then, Los Angeles will regulate street vendors by requiring them to comply with certain rules and standards.

 

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