Category: Legal Literature
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Holly Pauling Smith and Madeleine McDonough, “A New Frontier: Health-Claims Class Actions,” The International Comparative Legal Guide to: Class & Group Actions 2011”
Shook, Hardy & Bacon Global Product Liability Partner Holly Pauling Smith and Agribusiness & Food Safety Co-Chair Madeleine McDonough have co-authored this chapter on the consumer-fraud class actions to which plaintiffs’ lawyers have resorted given their inability to persuade courts to certify personal-injury mass torts. The chapter, which focuses on recent cases involving health-related claims…
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Products Liability Reference Updated to Consider GM Foods
A looseleaf reference book titled Products Liability: Design and Manufacturing Defects, 2d has been updated with sections considering legal issues relating to genetically modified (GM) foods. The section on “design defects in GM organisms used in food production” discusses the extensive regulatory review to which these substances are subject and notes that no known injury has…
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Import Safety: Regulatory Governance in the Global Economy, U. Penn. Press
One of the editors of this collection of essays about how to protect consumers when food and products freely cross international borders is Adam Finkel, a former senior enforcement official at the Occupational Safety and Health Administration. The book is “a direct outgrowth” of a 2009 Penn Law School conference that brought together leading scholars…
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Eloisa Rodriguez-Dod, “It’s Not a Small World After All: Regulating Obesity Globally,” Mississippi Law Journal, 2010
Law Professor Eloisa Rodriguez-Dod discusses a number of ways that governments in the United States and around the world are attempting to address the growing incidence of obesity among their populations. This article provides information about municipal trans fat bans and menu-labeling ordinances, China’s restrictions on the morbidly obese adopting children, Spain’s voluntary food advertising regulations,…
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Neil Buchanan, “Why New York’s (and Other Jurisdictions’) Food Regulations Do Not Violate Freedom of Choice: The False Notion That Our Tastes Are of Our Own Making,” FindLaw.com, May 20, 2010
Authored by a Cornell Law School visiting scholar with a Ph.D. in economics, this legal commentary suggests that government critics err when they call efforts to address obesity an infringement on their freedom of choice. According to the article, this objection has “no meaning in the context of a modern economy” where “we are being…
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Jennifer Pomeranz, “Television Food Marketing to Children Revisited: The Federal Trade Commission Has the Constitutional and Statutory Authority to Regulate,” Journal of Law, Medicine & Ethics, Spring 2010
Authored by the director of legal initiatives at the Rudd Center for Food Policy and Obesity at Yale University, this article purports to demonstrate that food and beverage advertising to children is deceptive and misleading speech and therefore not protected under the First Amendment. According to the author, because this speech is not protected, the Federal…
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Shook Attorney Co-Authors ABA Article on ANSI Draft National Standard for Sustainable Agriculture
Shook, Hardy & Bacon Of Counsel Jim Andreasen has co-authored an article providing an update on the American National Standards Institute’s (ANSI’s) draft national standard for sustainable agriculture. The article appears in the January 2010 issue of the American Bar Association’s (ABA’s) Agricultural Management Committee Newsletter. This committee is part of the ABA’s Section of…