The remorselessly paternalistic British Medical Journal now prints an article urging that government take action against salty varieties of cheese such as Roquefort and Halloumi [Guardian; picture credit Wikimedia]
Nor, the complaint adds triumphantly, is Chobani yogurt even “made by Greek nationals.” It’s made in New York! Also, it’s too sweet and not very natural. [ABA Journal]
We warned at the time that the ill-conceived Food Safety Modernization Act (FSMA) of 2011 would tend to choke off many non-industrial food sources. Now the FDA, interpreting FSMA as part of its regulatory process, is moving to ban the aging of cheese on wooden boards, a process that dates back thousands of years and has been practiced safely by many of the world’s finest cheese makers. The agency apparently intends to apply the same standard to imported cheese as well, which means that in addition to devastating artisanal cheese producers in this country, the move would cut off Americans’ access to large numbers of classic European cheeses, many of which, like Comte and Reblochon, “are required to be aged on wood by their standard of identity.” [Jeanne Carpenter, Cheese Underground (Wisconsin); Matt Spiegler, Cheese Notes]
Our coverage of FSMA, including its many-sided impact on traditional and artisanal farm and food practice, is here.
More: “Old guy in the cell: What are you in for? New guy in the cell: I aged cheese on wooden boards.” [Scott Greenfield] Plus: William Watson, Cato; Greg McNeal, Forbes, on the legalities including an apparent shift in the FDA’s earlier stance approving wood board aging]
Update June 11: agency backs down.
Last fall the editors of the Vermont Law Review were kind enough to invite me to participate in a discussion on food and product labeling, part of a day-long conference “The Disclosure Debates” with panels on environmental, financial, and campaign disclosure. Other panelists included Christine DeLorme of the Federal Trade Commission, Division of Advertising Practices; Brian Dunkiel, Dunkiel Saunders; George Kimbrell, Center for Food Safety; and David Zuckerman, Vermont State Senator and Farmer, Full Moon Farm.
Aside from my own segment above, you can find links to the other segments here. Plus: Environmental Health (VLS) summary of above panel.
“The cupcake has always been a gentrifying force … you could get a huge mass of people to participate in a reactionary endeavour if you dressed it up in nice, twee, cupcakey imagery, and persuaded everyone that the brutality of your ideology was in fact a form of niceness.” — Tom Whyman for Critical Legal Thinking, Guardian “Comment Is Free”, my Tweet h/t @Ben_McGinnis.
The internet has lit up with the story of the 20-year-old, 92-lb. history major who says she’s been battling the Yale administration over its pressure on her to eat more. [New Haven Register]. Although much of the press coverage seems unaware of the issue, it would not be surprising if changing legal pressures on universities played a role here. Efforts both regulatory and liability-driven have been under way to hold universities accountable for not preventing student suicides, and as a result, many campuses have seen a shift toward more interventionist, rules-driven policies designed to show that the institution was not standing idly by when it knew or had reason to know of early signs of self-harm. (Our file on the topic goes back a decade.) If the list of self-harm behaviors includes eating disorders, you might have a formula for interventions in which very skinny students are placed under pressure to prove they are not anorexic. Evaluating cases like the current one, of course, is difficult for outsiders because of HIPAA and other privacy laws which broadly prohibit the sharing of health-related information, even on topics of public concern.
Oops: after years of imperious public-health hectoring, government intervention, and even visions of mass tort suits, it seems the science isn’t so settled after all. [Telegraph, NPR, CBC, earlier]
“As part of trade talks, the European Union wants to ban the use of European names like Parmesan, feta and Gorgonzola on cheese made in the United States.” Having achieved some success in negotiations with Canada and Central American nations, Europe may seek to restrict marketing of U.S.-made cheeses such as Asiago, fontina, Muenster, and Neufchatel.
And it may not be just cheese. Other products could include bologna, Black Forest ham, Greek yogurt, Valencia oranges and prosciutto, among other foods.
No word on renaming French fries. [AP]
I’m back from a speaking swing through Nebraska. At the University of Nebraska College of Law in Lincoln, I spoke about food and drink paternalism as exemplified by Mayor Michael Bloomberg’s initiatives in New York, with Prof. Steven Willborn providing a counterpoint from a more liberal perspective. At Creighton University Law School in Omaha, I spoke (as I often do) on the ideological state of the law schools, drawing on my 2011 book Schools for Misrule, with commentary from Profs. Ralph Whitten and Sara Stadler.
Both events were well attended but I was especially pleased at the strong turnout for the talk in Lincoln on food and the nanny state, a new speech I hadn’t tried out before on a general audience. Here’s a description:
The public is increasingly in revolt against “nanny state” interventions, from Mayor Bloomberg’s attempt to limit soda sizes in New York, to efforts to ban Happy Meals in San Francisco. Some thinkers dismiss concern about paternalism as merely trivial and personal, not on a par with issues acknowledged as “serious” such as police abuse, free speech, surveillance, and the proper functioning of the legal system. Left unchecked, however, the project of paternalism quickly generates very serious problems in each of those other areas: it gives police and enforcers great arbitrary power, hands a special government megaphone to some speakers while stifling others, funnels uncomfortably personal information into government hands, and fuels abusive litigation. No matter what you think of potato chips, if your interests are in liberty and good government, you should be paying attention.
I’m next scheduled to speak on the food police Sept. 23 at a Heritage Foundation panel discussion with Baylen Linnekin, Nita Ghei, and J. Justin Wilson, hosted by Daren Bakst. Details here. More on my fall speaking schedule here.
According to a math teacher’s calculations, a sample yielded only 1.86 times as much filling between the chocolatey wafers, not “double.” Here’s the report, by Rachel Tepper in Huffington Post. Using comments, who would like to predict whether some law firm will file an intended class action over this problem within the next twelve months, on a scale where zero indicates “completely confident that there will not be such a lawsuit” and 10 indicates “completely confident that there will be”?
Bonus, from the article: “And Mega Stuf Oreos have only 2.86 times the creme in a regular Oreo. The prefix ‘mega’ literally means a factor of one million, which, granted, is impossible to translate to an Oreo. Still, perhaps another name could have sufficed.”
P.S. As a reminder, class action lawyers sued the Subway restaurant chain after it was reported that its “Footlong” sub was actually more like 11 inches long. And a federal judge is reconsidering a recent ruling allowing class action claims to go forward over the appearance on an ingredient list of “evaporated cane juice,” i.e., sugar.
P.P.S. Welcome Digg and Fark readers.
Update: “While I’m not familiar with what was done in the classroom setting, I can confirm for you that our recipe for the Oreo Double Stuf Cookie has double the Stuf, or creme filling, when compared with our base, or original Oreo cookie,” a spokeswoman for Nabisco told ABC News.