Posts tagged as:

eat drink and be merry

Food law roundup

by Walter Olson on September 13, 2011

  • Feds fund Boston campaign bashing sweetened drinks [Globe; see also on NYC] More on ObamaCare “Public Health Fund” subsidies to local paternalist initiatives on diet [WLF]
  • Thanks to federal funding priorities, New York education department had 40 experts on school lunches, only one on science education [Frederick Hess via Stoll]
  • Grocers hope to escape federal menu labeling mandate [FDA Law Blog] How regulations exasperate midsize restaurant operators [Philip Klein, Wash. Examiner]
  • “The Eight Dumbest Restaurant Laws” [Zagat]
  • Proposed federal standards on kid food ads extreme enough that many USDA “healthy” recipes would flunk [Diane Katz, Heritage] Do FTC’s guidelines violate the First Amendment? [WSJ]
  • Compared with what? “Egg farm regulations still skimpy” [Stoll] Deer blamed for E. coli in pick-your-own strawberries [USA Today]
  • U.K.: Your kids are too fat so we’re taking them away [Daily Mail; earlier here, here, etc.]

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Lemonade Freedom Day

by Walter Olson on August 12, 2011

Raise a defiant glass on August 20. Hey, that’s my birthday! Earlier here, here; more from CEI’s Ryan Young and Iain Murray in a post, podcast and column, Freedom Center of Missouri (map of “The Government War on Kid-Run Concession Stands”), and Ken at Popehat.

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Food law roundup

by Walter Olson on July 11, 2011

  • Texas legalizes sale of home-baked goods; “Mom can come out of hiding” [KLTV; @JohnWaggoner] New York regulators order Greenmarket cheese vendors to stop custom-slicing wedges for customers [Baylen Linnekin]
  • Children who take school lunch more likely to be obese than those who brown bag it [Freddoso] And is there still time to save chocolate milk? [Boston Herald on proposed Massachusetts school ban]
  • “Obesity policy” in theory: “High-calorie food is too cheap” argument of NYT’s Leonhardt is open to doubt [Josh Wright] “Is obesity really contagious?” [Zoë Pollock, The Dish] Knives out among scientists debating food causes of obesity [Trevor Butterworth, Forbes] Feds look to regulate food similarly to tobacco in hope of saving money on health care [Munro, Daily Caller]
  • …and practice: “Calorie counts don’t change most people’s dining-out habits, experts say” [WaPo, Richer/WLF] Obama nutrition campaign: eat as we say, not as we do [The Hill] Of recent USDA “recipes for healthy kids,” 12 of 15 would not have met proposed FTC ad standards [WSJ] Nanny’s comeuppance? “States rein in anti-obesity laws” [WSJ Law Blog]
  • “Food safety chief defends raw milk raids” [Carolyn Lochhead, SF Chronicle, earlier]
  • “It’s Time to End the War on Salt: The zealous drive by politicians to limit our salt intake has little basis in science” [Melinda Wenner Moyer, Scientific American]
  • After talking with experts, NYT’s Mark Bittman walks back some assertions about the European e. coli outbreak, now blamed on Egyptian fenugreek seeds [Science Mag; related, Kolata/NYT]
  • “If anything, China’s food scandals are becoming increasingly frequent and bizarre.” [LATimes]
  • Public criticism of activist food policy often calls forth a barrage of letters defending government role in diet. Ever wonder why? [Prevention Institute "rapid response" talking point campaign; how taxpayers help]

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Judges, the sticklers, still expect it to be done the other way round if you’re going to be the named plaintiff in a class action. This one was a claim of improper labeling filed against the Arizona iced tea company by attorney Michael Halbfish as well as the well-known New Jersey firm of Wilentz, Goldman & Spitzer. [Dan Fisher, Forbes; opinion in Coyle v. Hornell Brewing, PDF, courtesy Sean Wajert]

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I’ve got a new opinion piece up at the Daily Caller on the USDA’s new nutritional chart. And tune in to C-SPAN’s “Washington Journal” on Monday morning at 8:30 a.m. Eastern when I’m scheduled to be a guest on this subject.

More: Link to C-SPAN video here, and more at Cato at Liberty.

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My new post at Cato at Liberty explains how raw green onion came to be served as the “snack” in a Washington, D.C. public school, and why one smart suburban district decided to pull out of the federal school lunch program entirely.

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The latest surprising application of California’s toxic-warnings law [Ken Odza]

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Public-spirited litigants Western Sugar Cooperative, Michigan Sugar Company and C & H Sugar Company, Inc., have filed a lawsuit charging corn refiners with false advertising in their recent campaign to relabel high-fructose corn syrup as “corn sugar.” “The sugar producers seek an injunction to end the advertising campaign and also seek damages, including compensation for corrective advertising.” [PR Newswire]

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April 25 roundup

by Walter Olson on April 25, 2011

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April 10 roundup

by Walter Olson on April 10, 2011

  • Civil libertarian Wendy Kaminer on feminism and the Yale speech complaint [Atlantic, earlier]
  • Baylen Linnekin’s Keep Food Legal organization is having a membership drive;
  • Bounty-hunting West Coast lawyers can now sue employers for large sums over temperature and worker-seating violations of the California Labor Code [Cal Labor Law]
  • Current set of urban, suburban parking policies amount to “another great planning disaster.” [Donald Shoup, Cato Unbound]
  • $7500? Tennessee lawyer charged with rape of client released on $7500 bond [WMC via White Coat]
  • Stella Liebeck hot coffee case: Abnormal Use suspects that Cracked never read its FAQ on the subject (or for that matter many of our own postings);
  • Baltimore public housing refuses to pay lead poisoning awards; “too strapped” [Baltimore Sun]
  • “Mr. Potato Head” contest cited in discrimination lawsuit charging anti-Irish bias [Lowering the Bar]

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Mark Perry revisits an interest-group-driven feature of the not too distant legal past [Carpe Diem]

… you may want to know more about the Center for Science in the Public Interest’s “caramel coloring” cancer scare (earlier). Pediatric Insider and Abnormal Use provide some needed perspective.

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It’s long been known that the processes by which food is browned, whether in the frying pan, grill, rotisserie or stewpot, generate a variety of chemicals with alarmingly hard-to-pronounce names. David Oliver thinks the flap over 4-methylimidazole in the familiar cola ingredient, “caramel coloring,” is likely to go the same way as the flap over supposed cancer risk from acrylamide in French fries, potato chips and many other foods.

P.S. Per commenter Jerry, I’ve jumped to conclusions, and the “caramel coloring” found in sodas is generated by other chemical processes, not by caramelization.

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According to its claim, the packaging of Dove brand chocolate and peanut butter candy “is too similar to that used for such products in Hershey’s Reese’s line,” and relies overmuch on the colors brown, orange and yellow, presumably nonobvious choices for a chocolate-peanut confection. [Matt Miller, Harrisburg Patriot-News]

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As a connoisseur of hot-coffee cases, I’m always excited to see a court get one right. The Abnormal Use blog points us to Colbert v. Sonic Restaurants, No. 09-1423, 2010 WL 3769131 (W.D. La. Sept. 21, 2010). The plaintiff made the usual gamut of “design defect” and “failure to warn” claims, but the court wasn’t buying it. Note that the plaintiff claimed to be injured by the coffee at Sonic Restaurants, yet another refutation of the trial-lawyer claim that Stella Liebeck’s McDonald’s coffee was unusually hot.

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“I don’t feel bad about being a scofflaw — our distillation laws are preposterous.” [Cooking Issues]

“Reports today say that a 33-year-old Kentucky man will argue in his murder trial this week that he should be found not guilty of killing his wife because he was under the influence of caffeine at the time.” [Lowering the Bar] Update: Lawyer doesn’t mention caffeine theory on trial’s first day [ABA Journal] From commenter Shtetl G: “I would be more sympathetic if he claimed lack of caffeine caused the murder.”

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“Timothy Dahl, 35, is suing Yoo-Hoo’s parent company, the Dr Pepper Snapple Group, in federal court because he claims the product’s ‘good for you’ ad slogan is simply not truthful.” The suit is an intended class action. [Gothamist, New York Post, Legal Blog Watch] We’ve covered the many “froot” class action suits alleging that CrunchBerries, Froot Loops, etc. are not particularly healthy things to eat; at least one suit has similarly assailed Cocoa Puffs.

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