Journal of Food Law & Policy

Vol. 13, No. 2

Article

Food Law & Policy: An Essential Part of Today's Legal Academy

Emily M. Broad Leib and Baylen J. Linnekin

This Article updates the authors' seminal 2014 Wisconsin Law Review article, "Food Law & Policy: The Fertile Field's Origins and First Decade," which was the first scholarly work to detail the fascinating origins and explosive growth of the legal field of Food Law & Policy. Using the same ten criteria the authors developed to measure the growth of Food Law & Policy for the 2014 article, this Article measures and details the field's impressive growth since that time.

Article

The FDA's Guidance on Dietary Supplement Naming and the Emperor's New Clothes

Neal D. Fortin

In 2016 the FDA revised the agency's guidance on dietary supplement labeling. This modification permits the term "dietary supplement" be the entire statement of identity for a dietary supplement. This is an error in the interpretation of the plain language of the Food, Drug, and Cosmetic Act, the plain language of 21 C.F.R. § 101.3(g); and does not comport with numerous rules of statutory interpretation. Moreover, this change violates the Administrative Procedures Act and the FDA's rules on notice and comment. This change is a disguised rescission of 21 C.F.R. § 101.3(g) without a proper opportunity for the public to be heard under notice and comment rulemaking.

Article

The Role of Non-Profit Organizations in Shaping Food Law and Corporate Responsibility in the United States

Melissa M. Card

This article assesses whether the United States should adopt an institutional process similar to Europe's through giving non-profit organizations a role in shaping food law and corporate responsibility. Part I provides a comparative analysis of genetically engineered product regulations in the US and the EU. Part II explains how the institutional processes of the US and the EU led to the varying regulations. Part III asserts that the United States should change its institutional process through allowing public universities and private colleges to influence food law and corporate responsibility.

Article

Muddying the Waters: Catfish Inspection Authority Transitions to the Food Safety and Inspection Service

Michelle Johnson-Weider

The Food and Drug Administration regulates the safety and labeling of almost all food in the United States other than meat, poultry, and egg products, which fall under USDA's Food Safety and Inspection Service (FSIS). Effective September 1, 2017, FSIS assumed inspection responsibility for catfish after years of Congressional lobbying by the small domestic catfish industry. This article examines how this unlikely legislative victory was won against free trade advocates representing much larger economic interests.

Comment

The Blight of the Bumblebee: How Federal Conversation Efforts and Pesticide Regulations Inadequately Protect Invertebrate Pollinators from Pesticide Toxicity

Emily Helmick

This article explores the Endangered Species Act's conservation efforts towards the Rusty-Patched Bumblebee as a case study that highlights the gaps in protections afforded to invertebrate pollinators. It focuses on how the law does not adequately protect endangered invertebrate pollinators from inadvertent pesticide poisoning and introduces the threat that this poses to our food system.