Food & Ag Law Insights

We blogged most recently on December 27, 2018, about several states’ challenges in the Supreme Court to animal welfare laws enacted by both California and Massachusetts. The states sought permission to file suit in the Supreme Court under the Court’s original jurisdiction. On January 7, 2019, the Court denied leave to file. The Solicitor General had strongly recommended that the Court not exercise its original jurisdiction, asserting that a suit in federal district court…
Nation’s Restaurant News discussed Pizza Hut expansion of beer delivery. Supermarket News reported on Kroger partnership with Microsoft. Reuters reported on Chinese approval of GMO crops for import. Fresh Plaza discussed a food scanner which can help reduce food waste. Food Safety News discussed the potential impact of the government shutdown on food safety inspections.…
The Denver Post discussed the first year of legal marijuana in California. CBC News reported on ways Toronto businesses are reducing waste. The North Bay Business Journal discussed the 2019 California farm outlook. CNBC discussed a start-up’s efforts to reduce food waste by keeping food fresh longer. The Independent discussed a new California law restricting pet shop sales to rescue animals.  …
The 1921 Packers & Stockyards Act (PSA), among other things, prohibits packers, swine contractors and poultry dealers from using any “unfair, unjustly discriminatory, or deceptive practice.” It also prohibits them from giving any “undue or unreasonable preference or advantage” to any person.  For decades, federal courts have held that these provisions only apply to conduct that is intended to or does have an actual or potential adverse effect on competition.  During that time, Congress amended…
On December 19, 2017 and June 9, 2018, we blogged about the challenges 13 states had launched against California’s minimum space requirements for egg-laying hens. They also challenged a similar law in Massachusetts.  The petition sought leave to challenge those requirements via an action in the Supreme Court under the Court’s original jurisdiction. On May 29, 2018, and June 20, 2018, we blogged about the challenges to California’s ban on traditionally produced foie…
On September 28, 2018, we blogged about the new Missouri statute that purports to place substantial restriction on the ability of producers of lab-grown or plant-based products to market their products as “meat.” We also blogged about the lawsuit that challenges the constitutionality of the statute. Plaintiffs have now filed a motion for preliminary injunction. They argue that the labels on their products constitute commercial speech, which has had First Amendment protections since 1976. …
The LA Times reported on the proposed rollback of Clean Water Act rules. CBS News discussed McDonald’s proposed reduction of antibiotics in beef supply. Food Safety News discussed the status of the farm bill. Green Entrepreneur discussed the big corporate rush into the cannabis business. Fresh Plaza discussed new packaging technology designed to reduce food waste.  …