Category: Legal Literature
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Law Review Comment Explores FTC Oversight of Food Health Claims
The University of San Francisco Law Review has published a student comment titled “Snake Oil in Your Pomegranate Juice: Food Health Claims and the FTC,” that examines existing statutes and regulatory authorities enabling the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) to regulate the burgeoning “functional food” market. 47 U.S.F.L. Rev. 783.…
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Increased Government Activity on Food in Post-2012 Election Period?
University of Illinois Associate Professor of Agricultural Law A. Bryan Endres has co-authored a recently published update of the law suggesting that federal government action on a variety of agriculture- and food-related topics, moribund in the months preceding the 2012 presidential election, could increase during the next few years in light of increasing public interest…
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Comment Focuses on FSMA’s Potential Effects on Litigation
A recently published law review comment contends that food makers should not be concerned that the Food Safety Modernization Act (FSMA) will increase food borne illness-related litigation or make it easier for plaintiffs to succeed. David Benton, “The Impact of Mandatory Recalls on Negligence and Product Liability Litigation Under the Food Safety Modernization Act,” San…
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Law Review Note Finds Model for Fast Food Litigation in Canada
According to a recently published law review note, health care reimbursement suits modeled on Canada’s Cost Recovery Act and provincial litigation against cigarette manufacturers could be successfully maintained against the food industry for the treatment of obesity-related illnesses. Timothy Poodiack, “The Cost Recovery Act and Tobacco Litigation in Canada: A Model for Fast Food Litigation,”…
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Parens Patriae Deemed a Flawed Strategy to Address Obesity
A recent law review note outlines the history of parens patriae actions that allow states to sue to protect the health and welfare of their citizens, explores its use by state attorneys general to advance public health policy—particularly regarding the use of tobacco—and argues that it cannot be successfully wielded against food companies to address…
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Public Health Law Fellow Calls for BPA Ban to Encompass All Infant-Contact Products
Arguing that bisphenol A (BPA) exposure is particularly harmful for young children, infants and fetuses “because they lack mature systems of bodily detoxification,” a public health law and policy fellow at the Arizona State University Sandra Day O’Connor College of Law has called for governmental entities at every level to prohibit the chemical in any…
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Legal Issues Raised If Sugar Is Deemed “Addictive”
In a recently published article, psychology and law professors discuss research tending to show that the low-cost, highly refined, widely available sugars consumed by Americans may fit the developing definition of an addictive substance and consider whether such a finding would justify a range of legal and regulatory responses. Ashley Gearhardt, et al., “If Sugar…
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Legal Scholars Address Constitutional Parameters of Commercial Speech
In an article titled “Snake Oil Salesmen or Purveyors of Knowledge: Off-Label Promotions and the Commercial Speech Doctrine,” Yale Law School Senior Research Scholar Constance Bagley and her co-authors critique the Second Circuit’s December 2012 determination in United States v. Caronia that Food and Drug Administration rules prohibiting prescription drug makers from promoting their products…