Food & Ag Law Insights

Time discussed an ongoing lawsuit between Pabst and MillerCoors. Food Dive reported on large company start-up incubators. The Minneapolis Star Tribune discussed the growth of Uber Eats. The Washington Times discussed the slowing of the craft beer market. The Minneapolis Star Tribune reported on the impact of a warming ocean on shellfish in the Northeast U.S.  …
We have blogged on several occasions, most recently on June 7, 2018, about the varied fate of so-called “ag-gag” laws. These laws seek to prevent, in one way or another, undercover investigations of the quality of producers’ facilities, usually involving care of animals or poultry.  On September 15, 2017, we blogged about the Tenth Circuit’s partial reversal of an order dismissing a complaint against the Wyoming version of an ag-gag statute. The statute made it…
Farms.com discussed a proposed EPA rule exempting farms from emission reporting. USAgNet discussed EU restrictions on use of antibiotics on healthy farm animals. The Conversation reported on current efforts to develop compostable food packaging. The Environmental Leader reported on the rise of packaging-free grocery stores. Agweb reported on FDA approval of drug to reduce manure gas emissions.  …
The state and federal governments tax a wide variety of growers of agricultural products to fund generic advertising – e.g., beef producers to fund “Beef: It’s What’s For Dinner” or pork producers to fund “Pork: The Other White Meat.” Many growers would prefer not to fund these programs, but the Supreme Court has generally upheld them as long as the content was dictated or approved by a government agency. These kinds of marketing efforts date…
Digital Journal discussed the impact of climate change on barley crops and beer production. Food Dive discussed a new website aimed at helping consumers understand the environmental impact of the food they eat. Western Farm Press reported on a USDA, EPA and FDA partnership to reduce food waste. The East Bay Times discussed California ballot issues on cage free eggs and animal welfare. The High Plains Journal discussed low-interest USDA loan for victims of natural…
The Supreme Court recently granted certiorari to review an opinion of the Sixth Circuit on constitutional limits on states’ ability to regulate the distribution of alcohol beverages. Tennessee Wine & Spirits Retailers Ass’n v. Byrd, No. 18-96. With the advent of the 21st Amendment in 1933, which turned control of alcohol beverage regulation over to the states, temperance groups insisted on a rigid, three-tier system for the distribution of alcohol. Typically, under state laws a…
On June 29, 2018, we blogged about the dusky gopher frog, an obscure endangered species that lives only in a small area of Mississippi. The U.S. Fish & Wildlife Service nonetheless designated several hundred acres in Louisiana as critical habitat, even though the frog has not lived there for over 50 years and could not survive without substantial changes to the property.  The government has no legal authority to direct the owner of private…
Recent technological developments have made possible meatless meat – lab grown or plant-based products that look, cook and taste like traditional beef, pork or poultry. Proponents of the new technology argue that meatless meat is much healthier than traditional meat and imposes far fewer environmental consequences. Producers of traditional meat have responded to this competitive threat with legislation.  The last legislative session in Missouri produced § 265.494(7), R.S.Mo., which makes it a criminal offense to represent…