Journal of Food Law & Policy

Vol. 20, No. 2 (2024)

Article

The Costs of Convenience: A Case for Regulating Online Food Marketplaces in the Public Interest

Angela Lee

As digital platforms have become more popular, including those relating to food ordering and delivery, the range of both their positive and negative impacts have become more apparent. In response, governments in various jurisdictions have made efforts at regulating such platforms, as part of their mandate of balancing complex and often competing goals in the public interest. Unfortunately, attempts at governing digital platforms to date have largely proven ineffective at checking the power of the large corporations that are behind their growth and expansion. I argue that a critical assessment of these new forms of online food marketplace further supports the need for robust regulatory oversight of digital platforms, including through enforcing existing standards established in food laws.

Article
Food Identity
Mathilde Cohen

Food identities are typically ascribed either based on medical or social definitions or chosen by individuals. But they can also be expressive dimensions of other identity traits such as race, ethnicity, religion, national origin, gender, age, body size, disability, and socio-economic status, among others. What role does the law play in supporting or undermining certain food identities? This Article makes two central contributions. First, it highlights that though U.S. law recognizes food identity as an interest to be protected in certain contexts, it does so in an unsystematized way, contributing to systemic deprivation and discrimination in relation to foodways. The current legal regime often places the needs of the agri-food industry over those of eaters, especially those who are otherwise marginalized. Second, it reflects on how this inchoate law of food identity could be evaluated and reformed. There are plausible claims that some food identities may be entitled constitutional protections under equality law, freedom of religion, and fundamental rights, but they are unlikely to succeed in the current environment.

Article
Forced to Weather the Storm: Reforming the Livestock Indemnity Program to Improve Farm Animal Welfare
Cameron Krier Massey
Each year, extreme weather events put the lives and wellbeing of millions of farm animals at risk. These events can lead to injury, suffering, acute and chronic stress, decreased productivity, and loss of life. As storms increase in frequency and intensity, efforts should be made to ensure livestock are protected. This paper proposes modifications to the Livestock Indemnity Program (LIP), a federally run disaster assistance program that compensates livestock owners and growers for animal deaths and reduced value caused by eligible conditions, including extreme weather.
Article
Udder Confusion: An Almond Milk Case Study to Examine the Complex Interplay of Consumer Choices, Social Media, and Regulation
Madeline McCulloch

The preference for plant-based diet options has steadily increased for the American public. This is all particularly true for alternative milks. By the end of 2020, plant-based milk alternatives (“PBMA”) accounted for approximately fifteen percent of the total milk market and thirty-five percent of the overall plant-based market, making alternative milks, particularly almond, one of the most popular ways for people to dabble in a plant-based diet.

Article

Legal Chefs' Appetizing Taglines to Engage Consumers in the Age of Social Media: The Struggle Against Trademark Genericide

Emily McDonald
Many have heard the phrases “raisin bran,” “escalator,” “nylon,” and “aspirin,” all of which are “old” trademarks that have undergone genericide. Genericide occurs when a trademark has become common from the customer’s perspective concerning specific goods or services rather than associated with the source, which is usually the company that registered the trademark. In short, businesses are no longer able to use the trademark exclusively. Another common trademark phrase that became generic was “Taco Tuesday.” In light of the prolific use of social media today, recent data and statistics show that “food” has become a predominant category and trend on social networking sites. Moreover, social media is impacting users' lifestyles and brain anatomy and physiology. Studies are revealing that brain scans of heavy social media users are similar to the brain scans of gamblers and drug-addicted individuals.

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