- Why British pubs are in decline [new Institute of Economic Affairs report from Christopher Snowdon]
- After legal battle with chicken chain, Vermont man wins “Eat More Kale” trademark [AP, earlier here, etc.]
- “Why D.C. Breweries Say They’re Drowning In Red Tape” [Rebecca Sheir, WAMU] Pennsylvania: “Cops Seized Couple’s $160,000 Wine Collection – And Want to Destroy It All” [Baylen Linnekin]
- More on FDA calorie-labeling mandate for restaurants and food servers [Sarah Kliff, Vox (“way more aggressive than expected”); Steve Chapman, Jacob Sullum, Danny Vinik, New Republic on the lack of evidence in their favor; Jason Stverak, Providence Journal on the costs; Cass Sunstein via Althouse in favor; earlier here, etc.]
- Opponent seeks sanctions over attempt to turn “meritless snack food labeling action into the Second Peloponnesian War” [Daniel Fisher]
- “A Trademark Year in Wine and Beer: Our 2014 Holiday Buyer’s Guide to Disputed Beverages” [David Kluft, Foley Hoag]
- Roundup of reactions (including ours) to Boston professor’s fateful tussle with Chinese restaurant [National Post, earlier]
Register here for the 5 p.m. Cato event. Description:
Featuring Walter Olson, Senior Fellow, Center for Constitutional Studies, Cato Institute & Editor, Overlawyered.com (@walterolson); Stacia Cosner, Deputy Director, Students for Sensible Drug Policy (@TheStacia); Michelle Minton, Fellow in Consumer Policy Studies, Competitive Enterprise Institute (@michelleminton); moderated by Kat Murti, Digital Marketing Manager, Cato Institute (@KatMurti).
On December 5, 1933, the 21st Amendment to the Constitution was ratified, supposedly ending our nation’s failed experiment with prohibitionism. Yet, 81 years later, modern-day prohibitionists continue to deny the laws of supply and demand, attempting to control what individuals can choose to put into their own bodies.
Please join the Cato Institute for a celebration of the 81st anniversary of the repeal of alcohol prohibition. Panelists will discuss modern prohibitions—from the Drug War to blue laws; tobacco regulation to transfats—drawing connections with their earlier antecedent.
Alcoholic beverages and other commonly restricted refreshments (bring on the trans fats!) will be served following the discussion.
#CatoDigital (formerly #NewMediaLunch) is a regular event series at the Cato Institute highlighting the intersection of tech, social media, and the ideas of liberty.
If you can’t make it to the Cato Institute, watch this event live online at www.cato.org/live and follow @CatoEvents on Twitter to get future event updates, live streams, and videos from the Cato Institute.
- Hashtag #ThanksMichelleObama trends on Twitter after high schoolers tweet it with pics of unappetizing lunch trays, provoking “shut up and eat what’s put in front of you” reactions from some who support the new federally prescribed rules. Maybe better to listen instead? [Kevin Cirilli, The Hill, Rachel Zarrell, BuzzFeed]
- “After suing a small California company for calling its eggless product ‘Just Mayo,’ Hellmann’s maker Unilever tweaked references on its websites to products that aren’t exactly mayonnaise either.” [AP/Tulsa World]
- Mark Bittman/Michael Pollan scheme for national food policy? Send it back to the kitchen, please [Elizabeth Nolan Brown]
- Johnny Appleseed, substance abuse enabler [Natasha Geiling, Smithsonian]
- One factor behind drive for new GMO non-browning potato: legal pressure against acrylamide, naturally forming browning component, by way of Calif. Prop 65 lawsuits and regulations [Guardian, New York Times]
- Costly, fussy, coercive: Minneapolis micromanages convenience food sales [Baylen Linnekin]
- No, FSMA isn’t worth the damage it’s doing to food variety and smaller producers [same]
Hans Bader has some clarification on one issue on which there’s been widespread confusion, on which the California law does not go to the extreme some would have liked [San Francisco Chronicle letter to the editor; earlier]:
“New law redefines consent at college” (Sept. 29) claimed that California’s new “affirmative consent” law regulating college sex “says that a person cannot give consent if they are intoxicated.” But it does not say this. What it actually says is that “consent” is absent when “the complainant was incapacitated” due to alcohol.
Most intoxicated people are not legally deemed “incapacitated” and can consent, as law professor Anne Coughlin and the Foundation for Individual Rights in Education have noted.
Many happily married people have sex after drinking. While some liberal Democrats who sponsored SB967 wanted to ban sex between intoxicated people, the final version of the bill does not do so.
Admittedly, the new law is disturbingly vague in other ways. Its co-sponsor, Assemblywoman Bonnie Lowenthal (D-Long Beach), said, “Your guess is as good as mine,” when asked how an innocent person could prove “affirmative” consent.
Hans Bader, Washington, D.C.
“California has a state law that prohibits for-profit companies from using volunteer labor.” That spelled doom for little Westover Winery in Castro Valley, which cleared around $11,000 in profits a year for its owning couple and used unpaid volunteers, many of them amateurs who wanted to learn the wine business. The state hit the business with $115,000 in fines and wiped it out, to the unhappiness of some of the displaced volunteers. [Scott Shackford, Reason; Rebecca Parr, Daily Review/San Jose Mercury News] More: A Debra Saunders column. And I mention this episode, along with the one linked below about a California law combating off-books contractors, in a new Cato post about how licensed and compliant businesses often support making government more powerful and invasive so as to go after the other kind.
- David Henderson has been blogging excerpts from Dan Okrent’s book on Prohibition, Last Call, including one on the origins of “Raines Law hotels” [Econlog] Also, the “law-abiding” kind of speakeasy; and would polite opinion today, as it did in the 1920s, assail Prohibition enforcement as draconian and intrusive?
- Obstacles to craft brewing [Matthew Mitchell, Christopher Koopman, Mercatus; Michelle Minton/DC Beer]
- Brown U. professor Dwight Heath on why drinking age should be lowered [WJAR]
- Feds go after hobby distillers [Jacob Sullum]
- When a liquor license sells for $425,000, as happened in Boston recently, it’s become virtually a taxi medallion [Ira Stoll]
- Maryland grain alcohol ban tripped up violin restorers, cake pros, craft bitters folk. Gee thanks, Johns Hopkins Bloomberg School of Public Health [WaPo] Much more about the center’s anti-alcohol crusader, David Jernigan [my Free State Notes] Tax dollars have enabled his crusades [Michelle Minton, Baltimore Sun]
- Profile of obscure Treasury Department official who “approves essentially every beer label in the United States” [Tim Mak, Daily Beast; coaster image, Flickr user Roger Wollstadt]
George Leef reviews a new book by John Compton, political scientist at Chapman University, on how evangelical anti-vice campaigns against gambling, liquor and other social ills helped undermine the Constitution’s curbs on centralized power, paving the way for later Progressive gains.
The tension between moral reformers who insisted on a virtually unlimited view of the “police powers” of government (i.e., to regulate in ways intended to protect the health and morals of the citizenry) and the Constitution’s framers, who feared the results of allowing factions to use government power for their ends, was crucial in shaping constitutional law during the 19th and early 20th centuries.
The book shows that by the time the New Deal’s aggressive expansions of federal power came before the Supreme Court, its earlier decisions in favor of approving legislation against liquor and lotteries had so undermined the defenses of property rights, contract, and federalism that it was nearly inevitable that the Court would cave in.
For example, when the Court decided the 1934 case of Blaisdell v. Savings and Loan, gutting the former understanding of the impairment of contracts clause, Chief Justice Charles Evans Hughes cited an earlier decision on interstate shipment of lottery tickets which had acquiesced in a new extension of the police power, on the grounds that a previously sacrosanct constitutional barrier could be “qualified” when a state needed to “safeguard the interests of its people.” [Forbes]
Montana, North Carolina, Oklahoma, Pennsylvania, Tennessee, and Utah ban package sales on Independence Day. [Reid Wilson, Washington Post] Whether or not you live in one of those states, have a happy Fourth of July.
- The federal school lunch initiative as experienced by school districts in rural New York [Sarah Harris, North Country Public Radio]
- Europe’s Ugly Fruit movement wants to reclaim for consumers tons of food rejected for appearance, sometimes by marketers and sometimes by regulators [NYT]
- Expect uptick in food labeling suits after Supreme Court decision approving suit in Pom Wonderful v. Coca-Cola [Glenn Lammi, WLF; FedSoc Blog; more, Mayer Brown]
- “Biggest secret” of glutamic acid, of umami and MSG fame, “may be that there was never anything wrong with it at all” [BuzzFeed]
- Cottage food win: New Jersey lawmakers unanimously back right to sell homemade goodies [Institute for Justice]
- Celebrity-driven “Fed Up” film is “strident stalking-horse for a Bloombergian agenda” [Jeff Stier, Baylen Linnekin]
- Young persons, especially college students, drink much more than they used to. Right? Wrong [Michelle Minton, Andrew Stuttaford]