- “When I asked them why they decided to sell their [toy import] business, they said that they got out because of Proposition 65 and the CPSIA.” [Nancy Nord]
- State tax regimes are getting more aggressive about grabbing money earned in other states [Steve Malanga, City Journal]
- “Still can’t get over the fact that all [development] permits are discretionary in San Francisco” [@TonyBiasotti linking Mark Hogan, Boom]
- How would American politics change if political parties could expel members, as in many countries they can? [Bryan Caplan]
- Defenders of Wisconsin John Doe prosecutor push back against Stuart Taylor investigation [Daniel Bice, Milwaukee Journal-Sentinel via Althouse, more, related on “blue fist” posters and John Doe investigator, earlier]
- “In Britain, Child’s Weight Leads to Parents’ Arrest” [New York Times in June, King’s Lynn 11-year-old; also, Cadbury agrees to “stop making chocolate bars in Britain with more than 250 calories”] More: Pencil-twirling in class leads to CPS referral in New Jersey [Katherine Mangu-War, Reason]
- Should there be judicial remedies — what kind, and for which plaintiffs — when federal spending is politicized? [Daniel Epstein, Federalist Society “Engage”]
Remember when a lot of us predicted this would happen? And advocates were dismissive? WSJ reportage:
A federal law that aims to curb childhood obesity means that, in dozens of states, bake sales must adhere to nutrition requirements that could replace cupcakes and brownies with fruit cups and granola bars. … The restrictions that took effect in July stem from the 2010 Healthy, Hunger-Free Kids Act championed by first lady Michelle Obama and her “Let’s Move!” campaign. …
[The law] allowed for “infrequent” fundraisers, and states were allowed to decide how many bake sales they would have that didn’t meet nutrition standards. …
While about half the states have taken advantage of exceptions, given the political pressure, the trend is toward narrowing or eliminating them. Texas, for example, has done away with a former variance that allowed three fundraisers a year selling forbidden foods. Among the most drearily predictable results: schools are shifting more toward pre-portioned processed food, which has standardized calorie and nutrition content, and avoiding the homemade and informal.
P.S. Meanwhile, a Washington Post article suggests that because of the narrowing exceptions noted above, because kids can still distribute “order forms for sweets such as Girl Scout cookies” (as opposed to the cookies themselves) during school hours, because after-hours athletic events and the like aren’t covered, and so forth, there really is no story here and critics are being unreasonable.
- Obama pick for USDA nutrition chief advances food-as-social-justice theme [Politico, Free Beacon and more, Jeff Stier/Des Moines Register]
- Hawaii GMO battle is one the whole nation should watch [Mark Strauss, io9]
- “Overprotective Government, Overweight Kids?” [Lenore Skenazy]
- “Cherry wars: The crazy economics of Michigan’s favorite pitted fruit” [Bridge Magazine]
- “FDA’s Artificial Trans Fat ‘Ban': A Dangerous Step to Control Personal Dietary Choices” [Daren Bakst, Heritage via Michelle Minton, CEI]
- And in the wings: FDA readies crackdown on salt as ingredient [AP]
- French law mandating disclosure of whether restaurant food is made in house isn’t going well [Baylen Linnekin, more]
- 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]
- “Particularly relevant …is the uncontested fact that Defendants – as manufacturers of [high-fructose corn syrup] – do not control how much HFCS is used in the finished products that Plaintiff consumed.” [New York federal court dismissing case, h/t Nicki Neily]
- New frontier of public health disapproval: Girl Scout cookies [NPR]
- “Former Kellogg Co. CEO Carlos Gutierrez says food industry is under attack by FDA” [MLive]
- Whole milk, least processed of widely available milk varieties, would be banned in Connecticut childcares if pending bill passes [Elizabeth Nolan Brown]
- House-passed expansion of Jones Act domestic-flag rules for food aid would harm hungry recipients and US farmers alike [Coyote]
- “Archaic distribution laws” hamper craft-beer sector [Steve Hindy, NY Times, related Nick Gillespie (Florida)]
- Facing mounting fiasco in school lunch program, feds double down [Baylen Linnekin, Reason]
- Warnings dismissed at time: FDA rules implementing FSMA (Food Safety Modernization Act) of 2011 imperil practices common to organic, small growers, “such as using house-made fertilizers and irrigating from creeks” [Los Angeles Times] Oh, how D.C.’s “public-interest” establishment and its co-thinkers in the press jeered when we and others tried to raise such concerns before the bill passed!
- Related: pursuit of locally grown/artisanal meat options collides with USDA regs that put squeeze on small slaughterhouses, overbroad recalls also a problem [Baylen Linnekin, earlier here, here, and here]
- “America’s Obesity Problem: Legal Mechanisms for Prevention,” Duke Law School conference I spoke at (but did not write a paper for) last year, now online [Duke Forum for Law and Social Change].
- Related: “Wellness programs addressing obesity could lead to litigation, lawyers say” [ABA Journal]
- Looser regulation of microbrewing has already proved boon to Maryland, lawmakers now consider extending it further [Beth Rodgers, Frederick News-Post]
- “Bill introduced to undo California’s ‘glove law’ for food preparers” [KPCC; earlier]
- Sorry, I’ll stay home and thumb through old cookbooks instead: recent American Studies Association Food Studies Caucus program included “Food, Debt, and the Anti-Capitalist Imagination,” “Archives of Domesticity and Dissent: Cookbooks, Cooking Culture, and the Limits of Culinary Exchange,” and “Pedagogies of Food and Eating: Teaching Debt, Dissent, and Identity through Food” [Mary Grabar, Pope Center on “food studies” fad]
“Even pictures of food [at schools] have to have the federal government’s stamp of approval.” [Scott Shackford, Reason]
P.S. Speaking of marketing and paternalism, here’s Ann Althouse on the latest horrible Mark Bittman column.
“Lawyers are pitching state attorneys general in 16 states with a radical idea: make the food industry pay for soaring obesity-related health care costs. … So far none have agreed to sign on.” One hope: the theory popularized by former FDA chief David Kessler that bacon, brownies and buttered popcorn should be seen as “addictive.” Paul McDonald, a Chicago lawyer who is organizing the campaign, is described as a former “senior counsel at Kraft Foods.” [Helena Bottemiller Evich, Politico]
Meanwhile, even former enthusiasts are beginning to give up on the “food desert” theory — opening a supermarket nearby does little to change unhealthy diet habits. So guess what’s next? Yep, calls for more and stronger intervention [Ann Althouse].
Stephanie Francis Ward at the ABA Journal covers the panel discussion I participated in yesterday on local paternalism at the ABA Midyear in Chicago. The other panelists were Prof. Sarah Conly of Bowdoin College, author of Against Autonomy: Justifying Coercive Paternalism, and Chicago Alderman George Cardenas, sponsor of a proposal to tax soft drink sales in the city. It was hosted by the ABA’s Government and Public Sector Lawyers Division and moderated by Hawaii land use lawyer Robert Thomas, who has much more at his Inverse Condemnation blog.