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.

The Resnick Center hosts the Director General of the Food and Agriculture Organization of the United Nations – 2/15

This is sure to be a fantastic event.

 

UCLA Law’s Resnick Center for Food Law and Policy and the Promise Institute for Human Rights invite you to a very special reception for and talk by José Graziano da Silva, the Director General of the Food and Agriculture Organization of the United Nations, on February 15, 2019, at UCLA Law School.  The Director General will speak on the Right to Food and the Global Agenda to Reverse Hunger and Malnutrition, and will be introduced by Hilal Elver, Global Distinguished Fellow at the Resnick Center and the Special Rapporteur on the Right to Food, United Nations Human Rights Council.

Date:     February 15, 2019

Time:     1:00-1:30pm, Reception [Shapiro Courtyard, UCLA Law;                                                               1:30-3:00pm, Presentation [Room 1457, UCLA Law]

Please RSVP to: resnickcenter@law.ucla.edu

 

Daily Parking permits for Lot 2 and Lot 3 are available for purchase at the Information Kiosk on Westholme Ave. and Hilgard Ave.
Short-term, pay-by-space parking is available at selected entrances to Lot 2 and Lot 3 and by the Law School Building along Charles E. Young Drive East.

The foodralist paradigm

by Diana R. H. Winters

Laurie Beyranevand at the Vermont Law School and I wrote a paper about striking a balance between federal and state decision-making in the area of food policy, called Retooling American Foodralismand the University of Pennsylvania’s Regulatory Review wrote a thoughtful analysis of the paper here.  In the article, author Nicholas Bellos writes:

“[F]or an industry as sprawling and complex—and vital—as the nation’s agricultural sector, should states be the principal actors ensuring consumer safety?

In a recent paper, two scholars argue that they should. University of Vermont Law School’s Laurie Beyranevand and University of Indiana Robert H. McKinney School of Law’s* Diana Winters say that more states should take initiative like California to enact food safety regulations of their own, rather than depend on federal regulators to lead the way. The balance between federal and state decision-making—what they call “foodralism”—needs to tilt more toward state governments, they argue. States need to fill the gaps in the current patchwork of U.S. food regulations and serve as laboratories for developing new rules and standards.”

Retooling American Foodralism is forthcoming in the American Journal of Law and Medicine.

 

*Although I used to be at I.U. McKinney, I am now the Assistant Director of Scholarship at the Resnick Center for Food Law & Policy at UCLA Law.

 

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.

 

 

 

 

 

Resnick Center 2018 Law Student Writing Competition Winners!

The Resnick Center is delighted to announce the winners of its 2018 Law Student Writing Competition on legal and policy issues that may hinder or delay social innovation in the food industry.  The judges were incredibly impressed with the quality of all of the papers submitted, and want to thank everyone who submitted.

The winning papers were precise and well-written, and grappled with the topic in exciting and even surprising ways.  Click on the titles to access the full papers.

The winners:

 

Michael Roberts Talks About Food Authenticity

Read a conversation about food authenticity in Quality Assurance & Food Safety magazine between Michael Roberts; John Spink, director, Michigan State University Assistant Professor and Food Fraud Initiative; Karen Everstine, Decernis Senior Manager, Scientific Affairs; and Mitchell Weinberg, International Food authenticity Assurance Organization (IFAAO) founder, president, CEO, and Chairman of the Board.

Among other things, they discuss why the concept of food authenticity is so important right now, and the difference between food fraud and food authenticity.  Good stuff!

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