- More Than You Wanted To Know: favorable review of new Omri Ben-Shahar and Carl Schneider book on failure of mandatory disclosure regimes [George Leef, Cato Regulation, PDF, related earlier here and here]
- Colorful allegations: “Tampa lawyers can be questioned about DUI setup claims” [Tampa Bay Times]
- Intimidation the new norm: FCC head blockaded at his D.C. home to pressure him into OKing net regulation scheme [Washington Post; related, Sen. Mary Landrieu because of her support for Keystone pipeline; earlier here, here, here, here (Boehner, Wal-Mart, etc.), here (businesspeople), here (SEIU and bankers), here (Boston teamsters), here (Google), etc.]
- Speaking of net neutrality debate, Jack Shafer (“You can’t build a better Internet out of red tape”) and Richard Epstein;
- “FAA’s Slow Pace Grounds U.S. Drone Makers” [Friends of Chamber]
- OECD deal could smother tax shelter competition, which might be good for rulers, if not necessarily for the ruled [Alberto Mingardi]
- “$100/month Upper East Side tenant loses suit to raze high-rise neighbor” and the best bit comes in the last sentence [NY Daily News]
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.
That was the title of the talk I gave Friday at a panel on food and product labeling law as part of a stimulating symposium put on by the Vermont Law Review at Vermont Law School in South Royalton, Vt. I drew on a number of different sources, but especially two relatively recent articles: Omri Ben-Shahar and Curt Schneider, “The Failure of Mandated Disclosure,” U. Penn. Law Review (2011), and Kesten C. Green and J. Scott Armstrong, “Evidence on the Effects of Mandatory Disclaimers in Advertising”, Journal of Public Policy and Marketing, Fall 2012. I was able to bring in examples ranging from patent marking law to Prop 65 in California to pharmaceutical patient package inserts, as well as the durable phenomenon of labels, disclosures, and disclaimers going unread even by very sophisticated consumers.
My talk was well received, and I think I might adapt and expand it in future into a full-length speech for audiences on failures of consumer protection law.
Are you sure there isn’t any identified fiber in there? [Lowering the Bar] It turns out to be a consequence of something called the Federal Textile Act.
Why there’s a “Keep out of the reach of children” label on a can of Glade. [WAFB Baton Rouge, Louisiana]
The Newark Star-Ledger covers a publicity stunt by the animal-rights group that calls itself Physicians Committee for Responsible Medicine. Patrick at Popehat engages in a bit of naming and shaming. Others to have written on the group in question include Newsweek in 2004 (“Less than 5 percent of PCRM’s members are physicians”), the American Council on Science and Health, and the food-industry-defense Center for Consumer Freedom.
P.S. L.A. Times gets the best line, from Susan Thatcher of Irvine: “Vegans complaining about hot dogs is like the Amish complaining about gas prices.”
Mike Cernovich thinks the plaintiff suing over the sugar-laden beverage might have spared himself a lot of trouble by, you know, reading the label.
As its label discloses, Kraft Guacamole Dip hardly deserves the name, containing less than 2 percent avocado. The strategy of “read the label” was one that Brenda Lifsey of Los Angeles elected not to follow, nor did she content herself with the backstop strategy of “ask for your purchase price back and don’t buy the product again”. Instead, she’s filed a lawsuit seeking class-action status against the giant food company. And speaking of artificial ways of making green: “Lifsey has been a plaintiff in other lawsuits against large corporations,” including Sears and Carfax, over alleged misrepresentations of their products. (Jerry Hirsch, “Lawsuit stirs up guacamole labeling controversy”, L.A. Times/Chicago Tribune, Nov. 30).