- “Particularly relevant …is the uncontested fact that Defendants – as manufacturers of [high-fructose corn syrup] – do not control how much HFCS is used in the finished products that Plaintiff consumed.” [New York federal court dismissing case, h/t Nicki Neily]
- New frontier of public health disapproval: Girl Scout cookies [NPR]
- “Former Kellogg Co. CEO Carlos Gutierrez says food industry is under attack by FDA” [MLive]
- Whole milk, least processed of widely available milk varieties, would be banned in Connecticut childcares if pending bill passes [Elizabeth Nolan Brown]
- House-passed expansion of Jones Act domestic-flag rules for food aid would harm hungry recipients and US farmers alike [Coyote]
- “Archaic distribution laws” hamper craft-beer sector [Steve Hindy, NY Times, related Nick Gillespie (Florida)]
- Facing mounting fiasco in school lunch program, feds double down [Baylen Linnekin, Reason]
- Shakedowns as speech? “Patent trolls are getting First Amendment protection for their demand letters” [ABA Journal]
- Kansas Rep. Tim Huelskamp decries press attention to $5K settlement over son’s bike mishap [Hutchinson News, more]
- NY Times covers story of copyright takedown on Marx-Engels works and mentions my Cato Institute post;
- After Pfizer’s attempt to expatriate itself for tax reasons, which other big companies with high overseas earnings might be next? [Washington Post]
- I’m quoted on rethinking of divorce law [Jennifer Hickey, Newsmax]
- Language Log quotes our post last year re: “La trahison des woncs”
- Shameless ad from UFCW, union that reps employees at Pennsylvania state stores, insists that grocery-store beer sales must be forbidden For the Children [PennLive, Tim Cavanaugh, Jacob Sullum; on factual controversy, MediaTrackers]
The Food and Drug Administration is signaling that it may rethink a much-criticized rule that would severely restrict the reuse as livestock feed of “spent” grain used in the making of beer and other fermented beverages. [WLF “Legal Pulse”] That’s good news as far as it goes, but it’s a form of exception-making that would seem to be driven at least in part by the high visibility of this one particular recycling-and-sustainability constituency (microbrewery beer is a hot leisure activity, and and craft/organic animal husbandry is a popular consumer enthusiasm these days in educated urban circles as well). The implementation of the Food Safety Modernization Act (FSMA) of 2011 is endangering a wide range of other local, non-industrial, and traditional farming and foodmaking techniques, “such as using house-made fertilizers and irrigating from creeks,” that might not enjoy the broad constituency of microbrewing. Will anyone in Washington stick up for them?
So long, small-and-sustainable: critics say new Food and Drug Administration regulations implementing the Food Safety Modernization Act could render uneconomic the immemorial practice of using spent beer grains to feed livestock. Both farmers and brewers are upset. [Bangor Daily News/Lewiston, Me., Sun-Journal; proposed rule] More: Glenn Lammi, WLF.
- Warnings dismissed at time: FDA rules implementing FSMA (Food Safety Modernization Act) of 2011 imperil practices common to organic, small growers, “such as using house-made fertilizers and irrigating from creeks” [Los Angeles Times] Oh, how D.C.’s “public-interest” establishment and its co-thinkers in the press jeered when we and others tried to raise such concerns before the bill passed!
- Related: pursuit of locally grown/artisanal meat options collides with USDA regs that put squeeze on small slaughterhouses, overbroad recalls also a problem [Baylen Linnekin, earlier here, here, and here]
- “America’s Obesity Problem: Legal Mechanisms for Prevention,” Duke Law School conference I spoke at (but did not write a paper for) last year, now online [Duke Forum for Law and Social Change].
- Related: “Wellness programs addressing obesity could lead to litigation, lawyers say” [ABA Journal]
- Looser regulation of microbrewing has already proved boon to Maryland, lawmakers now consider extending it further [Beth Rodgers, Frederick News-Post]
- “Bill introduced to undo California’s ‘glove law’ for food preparers” [KPCC; earlier]
- Sorry, I’ll stay home and thumb through old cookbooks instead: recent American Studies Association Food Studies Caucus program included “Food, Debt, and the Anti-Capitalist Imagination,” “Archives of Domesticity and Dissent: Cookbooks, Cooking Culture, and the Limits of Culinary Exchange,” and “Pedagogies of Food and Eating: Teaching Debt, Dissent, and Identity through Food” [Mary Grabar, Pope Center on “food studies” fad]
I spoke on Thursday to the Bastiat Society chapter in Charlotte with some observations rooted in public choice theory about the “three-tier” system of state liquor regulation familiar since Prohibition. A few further links for those interested in the subject:
- Tom Wark: “Why do wine and beer wholesalers deliver up more campaign contributions than all wineries, distillers, brewers and retailers combined?” (Because of the rents!) The North Carolina microbrewery angle;
- Matt Yglesias at Slate: “How Looser Regulation Gave D.C. Great Specialty Bars“
- AEI held a panel discussion last spring with Brandon Arnold, Jacob Grier (both formerly with the Cato Institute), and Stephen George, moderated by Tim Carney. Video snippets: Jacob on the history of the 3-tier system (2:00); Brandon on homebrewing (0:44). Here’s Jacob discussing the Oregon system at his cocktails-and-policy blog Liquidity Preference, and here’s Brandon on direct-to-consumer Internet sales.
- On “at rest” laws, and the attempted extension to New York: my posts at Cato and Overlawyered, Wark, and recently from CEI’s Michelle Minton on renewed action in New York.
- Oldie-but-goodie David Spiegel, Regulation mag, 1985 (PDF).
- Sock puppets: U.K. and E.U. governments both fund public advocacy campaigns on paternalism themes, effectively lobbying themselves at taxpayer expense. Sounds kinda familiar [Christopher Snowdon on Institute for Economic Affairs studies]
- Federal government, in the form of the CDC, wishes your doctor would nag you more about your drinking [Jacob Sullum, more]
- “$10m look into games and gun violence a bust” [Rob Beschizza; Mike Rose, Gamasutra; related, Scott Shackford]
- Assumption of risk won a round at the California Supreme Court a year ago in a case on amusement park bumper cars [S.F. Chronicle, ABA Journal, related on Disneyland teacups] J.D. Tuccille on motorcycle risks [Reason]
- As a country Australia is known for freedom, so why’s it a leader in enacting bans? [Vivienne Crompton, IPA “Freedom Watch”]
- “Maine’s unwise and unconstitutional ban on disclosing the alcohol content of beers” [Jonathan Adler]
- FDA mandate on removal of nicotine could benefit head regulator’s former client [Jacob Grier] Glaxo SmithKline, Johnson & Johnson also push bans on e-cigarettes, which compete with their nicotine therapies [Tim Carney] AGs from 24 states (AL, AZ, CA, CO, CT, DE, HI, ID, IL, IN, IA, ME, MD, MS, MT, NH, NM, NY, OH, OR, PA, RI, VT, WA) write FDA urging ban on menthol in cigarettes [CSPNet] “Cigarette Sin-Tax Hike Could Boost Black Markets” [Steven Greenhut] Brendan O’Neill on secondhand smoke [Reason]
In North Carolina, lawmakers seem inclined to favor the big distributors, who as a group are major campaign donors. [NBC Charlotte]
An international brewing company that uses a red-and-orange “#9” mark on one of its brands is suing Lexington, Ky. craft brewer West Sixth Brewing Co., which uses a black-and-green “6.” “If it was on a coaster, and the person across the table was colorblind and fairly stupid, I suppose there might be some initial confusion. … there might be a problem if somebody is holding their beer upside down.” [Lowering the Bar; Kentucky.com]