Posts tagged as:

soft drinks

“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.

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Farm and food roundup

by Walter Olson on February 18, 2014

You can watch here (earlier). Related videos, including those of the other panelists, at the American Bar Association site.

Meanwhile, even former enthusiasts are beginning to give up on the “food deserttheory — 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].

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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.

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Food roundup

by Walter Olson on December 31, 2013

  • Gee, thanks, NIH: “Taxpayer-Funded Propaganda to Show the ‘Evils’ of Private Alcohol Sales” [Michelle Minton, CEI]
  • “So this summer, under the supervision of officials from U.S. Customs, all three thousand two hundred and ninety-seven pounds of Mimolette were tossed into dumpsters and doused in bleach.” [The New Yorker, Dec. 9, subscription; S.F. Chronicle, earlier on French cheese controversy here, here, etc.]
  • FDA forced to back off FSMA regs, NYC soda ban loses twice in court, and other highlights of the year in food freedom [Baylen Linnekin] “Americans Think They Should Be Allowed to Buy Foods with Trans Fats and Caffeinated Energy Drinks” [Emily Ekins on new Reason-RUPE poll] “The Dangers of a Soda Tax” [Trevor Burrus] Linnekin podcast on FDA’s trans-fat ban [Cato, Caleb Brown interview]
  • “Annals of Closing Statements in Exploding Bottle Cases” [Kyle Graham]
  • “Minnesota says raw milk makes more people sick than recognized” [L.A. Times]
  • It’s for the children: proposals for regulating in-store food marketing [Jennifer Pomeranz via Public Citizen]
  • Federal sugar program devastated domestic candy manufacturing, as WaPo (sometimes) recognizes [Chris Edwards]

Food roundup

by Walter Olson on November 26, 2013

BlueBandMargarineAd

  • “The FDA’s Ill-Conceived Proposal to Ban Trans Fats” [Baylen Linnekin] Margarine and other butterfat substitutes help in keeping a meal kosher, but FDA appears indifferent to individual preference [Ira Stoll] Can the baker fudge the formula for Baltimore’s Berger cookies? [Baltimore Sun, WTOP/Capital] Organized grocery lobby appears to be going quietly, perhaps a misguided strategy since this sets a precedent for yanking familiar ingredients off Generally Recognized As Safe (GRAS) list, and many activists would like to move on to things like sugar next [Bloomberg Business Week, Doug Mataconis/Outside the Beltway, Michelle Minton/CEI, Bainbridge] Switch to palm oil might accelerate deforestation [Scientific American]
  • FDA’s regs implementing Food Safety Modernization Act could tank small farmers and other food operations, commenters write in by thousands [Baylen Linnekin, Jim Slama, HuffPo]
  • Proposed Austin curbs on fast food restaurants might ensnare its beloved food trucks [Linnekin]
  • Any day now FDA could issue long-awaited, highly burdensome new menu calorie labeling regs [Hinkle] Sens. Roy Blunt (R-MO) and Angus King (Ind.-ME) introduce bill to excuse grocers and convenience stories from rules and simplify compliance for pizzerias [Andrew Ramonas/BLT]
  • “Panel weighs in on soda ban at law school” [NYU News covers my recent panel discussion there with Jacob Sullum and Prof. Roderick Hills, pic courtesy @vincentchauvet]
  • “Organic Farmers Bash FDA Restrictions On Manure Use” [NPR via Ira Stoll]
  • Nick Farr looks at NYT retrospective on the Stella Liebeck (McDonald’s) hot coffee case [Abnormal Use]
  • “Sugar is the most destructive force in the universe” according to expert witness who meets with less than favorable reception in corn syrup case [Glenn Lammi, WLF]

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Maryland roundup

by Walter Olson on November 16, 2013

  • Even if some of its speedcams were illegal, Montgomery County says it doesn’t plan to issue refunds “because drivers admit guilt when they mail in their signed tickets and pay the fines” [WUSA, auto-plays video]
  • Per state’s highest court, “repose statute does not bar the plaintiffs’ wrongful death action because it refers to suits for ‘injury,’ as opposed to ‘death.’” [Alex Stein, Bill of Health] Introduce comparative negligence while also reforming old doctrines like joint/several liability? [Don Gifford and Christopher Robinette via TortsProf]
  • Double-blind photo lineups: “Baltimore Police Take Steps to Avoid Wrongful Convictions” [John Ross, Reason]
  • State shuts down day care center. An overreaction? [Free-Range Kids]
  • Reporter Audrey Hudson worries investigative sources were compromised after her notes were seized in armed Coast Guard raid on husband [Maryland Morning]
  • Baltimore detective convicted of shooting himself to get workers’ comp benefits [WBAL]
  • Santoni’s grocery, southeast Baltimore institution since 1930s, cites city’s beverage bottle tax as reason for closure [Baltimore Sun, auto-plays video]
  • New Maryland laws effective last month include some dubious ideas passed unanimously [Maryland Legislative Watch]

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Food roundup

by Walter Olson on November 8, 2013

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.

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The new four-judge decision is unanimous, which means every judge to consider the matter has now agreed that the NYC Department of Health overstepped its legal powers. And they’re right, as I explain here at Cato. Earlier here, here, here, etc.

One person who presumably had not expected today’s result is Emily Bazelon at Slate, who has claimed that Judge Milton Tingling’s trial-court decision was somehow a venture into conservative activism. None of the New York appellate judges heard from today give evidence of sharing that view.

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Food roundup

by Walter Olson on June 19, 2013

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“The U.S. FDA announced a plan to investigate and potentially regulate caffeine.” [James Hamblin, The Atlantic; Baylen Linnekin, Reason]

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Per the Los Angeles Times: “New research [on which more -- W.O.] shows that prompting beverage makers to sell sodas in smaller packages and bundle them as a single unit actually encourages consumers to buy more soda — and gulp down more calories — than they would have consumed without the ban.”

I’ve done a new Cato podcast with interviewer Caleb Brown discussing Cass Sunstein’s attempts (channeling the behavioral economics literature) to distinguish a softer, less threatening “paternalism of means” from a bossy, intrusive “paternalism of ends.” I don’t think the distinction really works in practice, but as usual with Sunstein’s work, it’s at least worth hearing out. I go on to recommend the work of Joshua Wright and Douglas Ginsburg challenging the new behavioral economics, and suggest that while the scholars of the behavioral economics school do make some headway in showing that private choice is fallible and mistake-ridden, they are less successful at showing that trained experts can improve on these choices without touching off new unintended consequences.

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Food and farm roundup

by Walter Olson on April 10, 2013

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Given the bossiness of the legislature in Annapolis these days, I had to check the calendar on this one. [Anita Park, Greater Greater Washington, April 1]

P.S. And from The Onion, where every day is April 1: “Mississippi Bans Soft Drinks Smaller Than 20 Ounces.

Yet more: Didn’t Ilya Shapiro predict this? “Supreme Court upholds same-sex marriage as a tax” [Tax Foundation]

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“This amendment would prohibit federal regulation of the size and quantity of food and beverages,” the Texas senator’s office explained of his budget proposal, which was not adopted by the Democratic majority. [Joel Gehrke, Washington Examiner]

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Food roundup

by Walter Olson on March 19, 2013

  • If you thought “finger in chili” was bad, meet the Utah couple arrested on charges of planting razor blade shards in doughnuts and swallowing some [KSL, Daily Mail]
  • My talk a few weeks ago as part of Cato Institute panel on nanny state [YouTube, Bruce Majors]
  • New Reason-RUPE public opinion survey finds public broadly opposed to food and drink bans [Sullum]
  • Feds’ bad advice on polyunsaturated fat: more damaging than any mass tort in sight? [David Oliver] More: Hans Bader.
  • Coroner blames woman’s death on Coca-Cola addiction [TV NZ] Monster Beverage: natural causes, not caffeine toxicity, killed Maryland teen [Reuters, NYT, earlier] More: Jacob Sullum.
  • Oh, CSPI, thou contradictest thyself [Baylen Linnekin; more from him on parents' and kids' food choices quoting me, NYC soda ban]
  • “Bloomberg limits seder portions” [Purim spoof, New York Jewish Week]
  • Kelly Brownell, guru of obesity-reduction-through-coercion formerly based at Yale, named dean of public policy school at Duke;
  • “A Knife, a Walmart Birthday Cake and a Frenzy of Overreaction” [Free-Range Kids] Mardi Gras perennial: can you buy king cake with baby figurine already in it? [same, earlier]
  • Now they tell us: NYT book review not conspicuously enthusiastic about Michael Moss anti-food-biz book hyped to the rafters in NYT magazine three weeks earlier [Ira Stoll, SmarterTimes, our take]

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I respond at Cato to a remarkably lame piece by Slate’s Emily Bazelon. Earlier on the case here and here.

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