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!

Is Pizza Still a Vegetable?

by Stephanie Teuber – 2L, UCLA Law

 

Many K-12 students in Los Angeles, as well as throughout the U.S., rely on public schools for at least one meal each day. Although school lunch programs serve an important purpose, they are often left out of legal conversations. On February 27, with the support of a grant from the Semel Healthy Campus Initiative, the Food Law Society and Education Law Society at UCLA Law teamed up to host Is Pizza Still a Vegetable? What’s Next for School Lunch.

Through a panel conversation, moderated by Dr. Wendy Slusser, an Assistant Clinical Professor of Child Health Policy, Pediatrics, and Health Equity at the UCLA Geffen School of Medicine, students learned about the history of school lunch programs, their current state, and (of course) whether pizza qualifies as a vegetable.

Each panelist contributed a unique perspective to the conversation. Following Dr. Slusser’s historical overview of these programs and a short video, Diana Winters, Assistant Director of Scholarship at the Resnick Center for Food Law and Policy, provided background on the trajectory of school lunch programs under the Trump administration, and the role of the federal government in administering these programs. Ivy Marx, a Senior Nutrition Specialist with LAUSD, explained how school lunch programs are administered in Los Angeles, and voiced the challenges presented by both budget constraints and picky children. Paula Sirola, the Executive Director of Seeds to Plate, stressed the impact of nutrition education on a child’s overall well-being, and how Seeds to Plate’s interactive gardening program helps foster a more holistic learning experience. Cheryl Leahy, General Counsel at Compassion Over Killing (COK), explained COK’s animal-welfare focused approach to school lunch reform, articulating concerns regarding the role of industrial agriculture interests in school lunch policy, and highlighting the organization’s efforts to reduce meat consumption in schools through legal and policy advocacy.

Over 100 students RSVP’d for the panel, and feedback has been overwhelmingly positive. Law students appreciated that they were exposed to the diverse perspectives of the panelists, and found the conversation both lively and productive. As finals season approaches and meal-prep takes the backseat, the most reassuring news of the day was perhaps at the close of the event, when Ivy Marx answered the most obvious outstanding question: yes, pizza is still a vegetable.*

*LAUSD pizza has whole wheat crust and no added sugar.

Panel

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.

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

 

 

Only the Brave Dare Eat the Fare!

October 25, 2018

Last week, Eric Schlosser, author of Fast Food Nation, reviewed The Poison Squad: 
One Chemist’s Single-Minded Crusade for Food Safety at the Turn of the Twentieth Century, by Deborah Blum.  The Poison Squad is about Harvey Wiley, the chief chemist at the USDA at the turn of the Twentieth Century, who worked to improve food safety and improve regulation and labeling in the United States.  Wiley formed a “poison squad” of young volunteers, to test the effects of various food additives.  The sign in their dining room read, “Only the Brave Dare Eat the Fare.”

As Schlosser points out, we are faced today, as we were last century, with adulterated food, rampant food fraud, and untested food additives.  The poison squad is us.

 

 

Event at UCLA Law: Suing Monsanto: How a Team of Lawyers Won a Verdict Linking the Herbicide Roundup to Cancer

October 25, 2018

You may remember the interview we did about a month ago with Michael Baum and Pedram Esfandiary from the law firm of Baum, Hedlund, Aristei & Goldman.  The firm represents approximately 700 plaintiffs in lawsuits against Monsanto alleging that the plaintiffs’ exposure to the Roundup herbicide caused them or a loved one to contract non-Hodgkin lymphoma.  Shortly after this interview, one of these state cases proceeded through trial, and a jury in San Francisco returned a verdict of $289.2 million against Monsanto, including $250 million in punitive damage.  (A few days ago, a California judge upheld the verdict but cut the award to $78 million.) Brent Wisner of Baum, Hedlund, Aristei & Goldman was co-lead trial counsel in this case.

On December 31, 2018, from 12:15-1:30pm, the Emmett Institute on Climate Change and the Environment and the Resnick Center for Food Law and Policy at UCLA Law will co-sponsor a lunchtime event that will feature attorneys Michael BaumPedram Esfandiary and Brent Wisner of Baum Hedlund Aristei Goldman, PC discussing their lawsuits against Monsanto.

Michael Roberts, Executive Director of the Resnick Center for Food Law and Policy, will provide opening remarks and Cara Horowitz, Andrew Sabin Family Foundation Co-Executive Director of the Emmett Institute on Climate Change and the Environment will moderate the discussion.

DATE/TIME/LOCATION:

October 31, 2018

12:15 p.m. – 1:30 p.m.

Room 1347

UCLA Law Building

385 Charles E Young Dr E

Los Angeles, CA 90095

Lunch will be provided for all registered guests.

RSVP:

Please register here by October 26, 2018.

SPEAKERS:

Opening remarks: Michael Roberts, Executive Director, Resnick Center for Food Law and Policy, UCLA School of Law

  • Michael Baum (UCLA J.D. ’85), Attorney, Managing Partner, President, Baum Hedlund Aristei Goldman, PC;
  • Brent Wisner, Attorney, Partner, Baum Hedlund Aristei Goldman, PC;
  • Pedram Esfandiary, Attorney, Baum Hedlund Aristei Goldman, PC;
  • Moderator: Cara Horowitz, Andrew Sabin Family Foundation Co-Executive Director, Emmett Institute on Climate Change and the Environment, UCLA School of Law

Notes from South Korea

by Michael T. Roberts

On August 28, 2018, I participated in a roundtable discussion and spoke at a conference in South Korea sponsored by the National Food Safety Information Service (NFSI). As best as I can tell, this conference was the first in South Korea. The roundtable provided an excellent opportunity for me to listen first-hand to concerns about food regulation in South Korea.  The conference included academics working with NFSI as well as South Korean government officials. My assigned topic at the conference was Consolidation of Food Safety Regulation: Historical and Contemporary Considerations. My presentation addressed the current Trump proposal on June 21, 2018, to consolidate the administration of food safety regulation into the USDA and to rename FDA to Federal Drug Administration. This issue is very pertinent to South Korea, where there exists a high degree of fragmentation of food safety regulation.

NFSI is funded by the South Korean government. The organization comprises experts (mostly PhDs) who work closely with the Korean FDA and other agencies with jurisdiction over food safety regulation in Korea. I enjoyed getting to know officials of NFSI: Yun-Hee Chung, the President; Joohyung Lee, the Department Manager; and Soyoung Gwon, a Principal Researcher.

I very much appreciated the gracious hospitality of our hosts and look forward to further interaction with NFSI and others in South Korea in the pursuit of good governance of food.

 

 

 

 

 

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