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FDA to Modernize Food Identity Standards, Starting With Dairy Products

August 3, 2018

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FDA Commissioner Scott Gottlieb has announced that the FDA is undertaking a comprehensive review of food standards of identity to ensure food labels are truthful and not misleading.  No doubt that for some this announcement is a long overdue response to rapidly evolving innovation in the food production sector that continues to challenge standards for truthful and non-misleading food labeling.

The FDA intends to focus first on standards of identity for dairy products.  In his statement, Gottlieb discusses the highly controversial topic regarding plant-based alternatives and the standard of identity for “milk,” e.g., soy, almond, etc.  These plant-based alternatives “are not the food that has been standardized under the name ‘milk’ and which has been known to the American public as ‘milk’ long before the 1938 Federal Food, Drug, and Cosmetic Act (FD&C Act) was established,” Gottlieb says.   He goes on to suggest that these plant-based products are creating

Battle Heats Up Concerning Regulatory Jurisdiction Over Cultured Meat Products

July 9, 2018

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The next wave of emerging agricultural biotechnology is set for its first regulatory showdown. Cell-cultured meat (“CCM”) allows your steak to be grown in a lab by replicating animal cells.  Some CCM products are even created using synthetic products derived from plants, insects, and other non-animal proteins.  No matter the type of culture used, CCM products are created without animals born, raised, and slaughtered in the traditional manner.  Advocates of this emerging industry have coined the term “clean meat,” but many in the conventional meat food industry feel it should not be called “meat” at all.

On February 9, 2018, the U.S. Cattlemen’s Association (“USCA”) filed a petition with the U.S. Department of Agriculture (“USDA”) requesting that USDA invoke its jurisdiction over CCM and mandate that such products not be allowed to use “meat” or “beef” in their labeling.  Indeed, the USCA asserts that such terms should be associated

Ninth Circuit Strikes Down Parts of Idaho’s Ag-Gag Law; Other Laws Face Legal Challenges

The Ninth Circuit’s recent decision striking down parts of Idaho’s ag-gag law, which aims to deter undercover investigation by making it a crime to lie to gain entry into animal facilities, is the latest court decision to hold that lies and false statements, without more, are protected under the First Amendment, but may ultimately provide a framework for drafters to create an ag-gag law that passes constitutional scrutiny.

In the meantime, the Fourth Circuit Court of Appeals heard oral arguments yesterday in a challenge to North Carolina’s ag-gag law mounted by a coalition of animal-protection, consumer-rights, and food-safety organizations. The law took effect on January 1, 2016, after North Carolina’s Republican-controlled state legislature overrode a veto of the bill by the state’s former governor. The coalition, led by People for the Ethical Treatment of Animals (PETA), filed suit days after the law took effect.

Utah, Wyoming, Iowa, and Missouri have

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