Category: Issue 452
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Seventh Circuit Rules Franchisee Need Not Adopt New Pricing Policy for Now
The Seventh Circuit Court of Appeals has determined that a Steak ‘n Shake franchisee in Illinois was entitled to a preliminary injunction to stop the implementation of a new Steak ‘n Shake policy for menu pricing and promotions. Stuller, Inc. v. Steak N Shake Enters., Inc., No. 11-2656 (7th Cir., decided August 24, 2012). The franchisee,…
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How Far Can Government Go in Forcing Manufacturers to Tell Consumers “Don’t Buy This Product”?
A divided D.C. Circuit Court of Appeals has determined that the graphic antismoking images which the Food and Drug Administration (FDA) selected for placement on cigarette packages for the purpose of reducing smoking rates in the United States fail the intermediate scrutiny standard for compelled commercial speech. R.J. Reynolds Tobacco Co. v. FDA, No. 11-5332…
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Environmentalists Challenge GM Potato Trials in Ireland
Following the Irish Environmental Protection Agency’s (EPA’s) decision to allow genetically modified (GM) potato trials in County Carlow, a group of environmentalists and organic producers reportedly mounted a legal challenge under the Aarhus Convention which allows environmental legal issues to be pursued under a “non-prohibitively expensive order.” According to a press report, Mr. Justice Gerard…
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Colorado City Imposes 3 Percent Tax on Candy and Soft Drinks
The City of Lakewood, Colorado, has reportedly adopted an ordinance that will subject soft drinks and candy to a 3 percent city sales tax. The tax code change was apparently considered and approved during the city council’s August 27, 2012, meeting. The ordinance is intended to align the city’s taxation of food with the state…
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Center for Food Safety Criticizes USDA BioAg Committee’s Coexistence Stance
The Center for Food Safety has issued a paper critical of the draft report prepared by the U.S. Department of Agriculture’s (USDA’s) Advisory Committee on Biotechnology and 21st Century Agriculture (AC21), which was scheduled to meet August 27-28, 2012, to discuss the draft. According to the advocacy organization, USDA “has increasingly strayed from its role as…
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Natural Health Advocates Petition FDA to Require Accurate HFCS Labeling
Citizens for Health has filed a citizen’s petition with the Food and Drug Administration (FDA) requesting that the agency amend its high fructose corn syrup (HFCS) regulations. The requested changes would require food producers (i) using HFCS, to identify its concentration f ructose on product labels (e.g., HFCS with 42 percent fructose would be labeled…