David Gorski at Science-Based Medicine and Trevor Butterworth at Forbes take a dim view of Food Babe, “a young, telegenic, clever but scientifically ignorant blogger” who’s turned her campaign sights from Subway to beer makers.
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.
News item: Judge clears some obstacles to beer-delivering drones. Lemonade streams and soda-water fountains still under environmental review. [Will Yakowicz, Inc.; Joseph Lindberg, Pioneer Press/AviationPros]
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).
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]
“Earls Restaurants will take beer sold under the 25-year-old brand off the menu after a Vancouver woman with albinism filed a BC Human Rights Tribunal complaint against the chain in 2012. The same craft beer will still be sold, but just as ‘Rhino.'” [Emily Jackson, MetroNews, Canada; earlier]
P.S. Frances Zacher at Abnormal Use on other beer-naming controversies.
Not many consumers are likely to confuse the two beers as they taste quite different. Even so: “The two companies have been in a legal battle since 1906. Today, the dispute is being waged through 61 suits in 11 countries.” [AP]
A federal judge has declined jurisdiction of the Oglala Sioux tribe’s lawsuit claiming that liquor sellers just over the Nebraska border are legally answerable for the harms of alcoholism on the reservation. The dismissal is without prejudice to possible refiling of the claims in state court; New York Times columnist Nicholas Kristof had promoted the cause. [BBC]
P.S. Kristof vs. college sophomore, advantage sophomore [James Taranto, WSJ, fifth item; Robert James Bidinotto] And don’t get us started about his chemophobia.
A Texas appeals court has affirmed the dismissal of a lawsuit seeking to hold Anheuser-Busch liable for an assault suffered by a bar patron. The suit alleged that the long-neck design of the bottle made it too attractive for assailants seeking a weapon; the court agreed with the brewer that the plaintiff had failed to make out a sufficient case to avoid summary judgment. [Wajert, Mass Tort Defense]