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Food Law Prof Blog Food Law Prof Blog

Written by Donna M. Byrne, Professor of Law, William Mitchell College of Law

Post Frequency: 2/day

Last Entry: September 18, 2010 at 14:54:02

Recent Entries: 544

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FDA Adds Pet Foods to List of Recalled Products Containing Peanuts

Posted on April 04, 2009
Well folks, here?s some more ?food for thought.? According to the FDA, pet food products containing peanuts are being recalled because of concern over salmonella. Apparently Fido is in the same boat as his owners? From a New York Daily...


Voluntary Testing Makes Difference

Posted on April 04, 2009
The Food and Drug Administration released a press release on March 30, 2009, warning consumers of a salmonella contamination found in pistachio products sold by Setton Pistachio of Terra Bella Inc., California. According to sources in an April 2, 2009,...


Mad Cow Disease Specialist Literally Consumed by His Work

Posted on April 04, 2009
Mad Cow disease has claimed another human life in Spain. Ironically, this victim was a pathologist who specialized in a human strain of mad cow disease. The pathologist died Saturday, and officials suspect the disease played a role in his...


Fish Fraud? US Government Study Finds Seafood Scamming

Posted on April 04, 2009
According to a report published in February 2009 by the United States Government Accountability Office (GAO), fraudulent mislabeling of fish is a serious problem for US consumers. Investigators found there are three ways that consumers are commonly cheated: the product...


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Red Meat ? The Killer in Disguise?

Posted on March 31, 2009
According to a study recently published in the Archives of Internal Medicine, diets high in red meat and processed meats may have some connection to mortality rates. The study took place over a ten-year period, and included over half a...


New Food Safety Legislation and Non-Industrial Scale Food Production

Posted on March 30, 2009
The Cornucopia Institute has recently released information on the pending food safety legislation. With the Obama administration and its culture of change combined with the recent PCA scandal policy makers are looking to make serious changes to how they food...


Citizen civil actions under HR 875 (Food Safety Modernization Act)

Posted on March 27, 2009
Under section 409 of the Food Safety Modernization Act of 2009, HR 875 (blogged here), individuals would have a cause of action directly against those in violation of a food safety regulation, order, or other action. A commenter on our...


Pistachios too?

Posted on March 27, 2009
I came across this latest on Food Poisoning Law Blog: A Georgia company announced this week that it is voluntarily recalling several pistachio products because of possible salmonella poisoning. This is evidently NOT related to the peanut salmonella outbreak...


Seeking others interested in AALS Open Source Idea

Posted on March 24, 2009
For law professors: The AALS just sent out a request for Open Source proposals for the next annual meeting. See Below. I am writing to see if others are interested in joining me in putting together a proposal focusing on...


FDA Warnings -- Westco Peanuts and raw oysters from Mississippi

Posted on March 23, 2009
Westco Peanuts -- This is an FDA warning, not a recall. The topic of FDA authority has come up a lot recently; while FDA cannot force a recall, it can request one, and it can warn us all not to...


Mexico OKs GM corn experiments

Posted on March 18, 2009
From Latin America Press Mexico has revised its biosafety law to reverse a nationwide ban on genetically-modified corn, the country´s most important crop and the centerpiece of the Mexican diet, and allow the varieties to be used in experiments. In...


E coli cattle vaccine

Posted on March 18, 2009
From the University of Minnesota, Center for Infectious Disease Research and Policy (CIDRAP): Mar 11, 2009 (CIDRAP News) ? The US Department of Agriculture (USDA) recently granted a conditional license for the nation's first Escherichia coli O157:H7 vaccine for cattle,...


Mercury in tuna is naturally occurring under California's Proposition 65

Posted on March 18, 2009
From FDA Law Blog -- In 2004, the State of California sued three tuna companies, Tri-Union Seafoods, LLC, Del Monte Corporation, and Bumble Bee Seafoods, LLC, for violation of California?s Proposition 65 because they failed to provide the required clear...


What is implied preemption in food liability cases?

Posted on March 18, 2009
FDA Law Blog had a post on February 10 -- California District Court Rules Against FDA Preemption of ?Natural? Claim, describing a ruling in a California case about whether a product containing high fructose corn syrup can be labeled as...


Raw Milk Bill HR778

Posted on March 18, 2009
At the end of January, Congressman Ron Paul (R-TX) introduced HR 778, which would legalize interstate shipments of raw milk. Raw milk is legal to consume, but in half the states not legal to sell. So this would only remove...


Final USDA COOL rules, January 2009

Posted on March 18, 2009
(Brought to my attention by a Center for Food Safety press release dated January 16, 2009.) USDA issued final country of origin labeling(COOL) rules January 15, 2009. The rules are available in the Federal Register. Center for Food Safety criticized....


Austrian study -- GE corn linked to reduced fertility in mice

Posted on March 18, 2009
This is from a Center for Food Safety press release dated November 13, 2008: Vienna, Austria - (November 13, 2008) - [a]. . . study[1] released Monday by the Austrian government. . . . found that mice fed a type...


Margaret Hamburg FDA Commissioner

Posted on March 18, 2009
From the Office of the White House Press Secretary, Saturday, March 14 -- WASHINGTON ? In his weekly address, President Barack Obama announced the appointments of Dr. Margaret Hamburg as Commissioner of the Food and Drug Administration, and Dr. Joshua...


FDA and Eight Academic and Research Institutions to Collaborate Under Nanotechnology Initiative

Posted on March 11, 2009
Although much of the nanotechnology focus probably pertains to drugs, nanotechnology also has implications for food use, so here goes . . . FDA News Release, 3/10/2009: FDA and Eight Academic and Research Institutions to Collaborate Under Nanotechnology Initiative The...


The Food Safety Modernization Act of 2009: HR 875

Posted on March 11, 2009
A large food safety bill was introduced to the house in early February of this year. It is currently in committee. The Food Safety Modernization Act of 2009 has been described by some as "monstrous". One blogger recently wrote: The...


Almond growers suit dismissed

Posted on March 11, 2009
A federal district court has dismissed a lawsuit (blogged here) by California almond growers and handlers challenging a USDA regulation requiring pasteurization of raw almonds to reduce Salmonella contamination. The United States District Court for the District of Columbia issued...


FDA Issues Guidance on Safe Production of Foods Containing Peanut-Derived Ingredients

Posted on March 10, 2009
FDA/CFSAN constituent update Monday, March 9, 2009: The U.S. Food and Drug Administration's (FDA) Center for Food Safety and Applied Nutrition (CFSAN) today issued guidance to the food industry advising manufacturers that peanuts and peanut-derived products used as food ingredients...


New Bill Would Give FDA Authority Over Tobacco Products

Posted on March 09, 2009
Under a new bill that has passed in the House Energy and Commerce Committee and is heading to the full House, tobacco products may be regulated by the FDA. The Family Smoking Prevention and Tobacco Control Act would give the...


Private Food Inspectors

Posted on March 06, 2009
There's an interesting article on the New York Times website about private food investigators: Food Problems Elude Private Inspectors by Michael Moss and Andrew Martin When food industry giants like Kellogg want to ensure that American consumers are being protected...


Senate Food Safety Bill Introduced

Posted on March 04, 2009


Pigs is Pigs

Posted on March 04, 2009


Organic Obama White House

Posted on March 01, 2009


The Danger of Zip Codes Revisited

Posted on February 24, 2009
In a previous post we saw the correlation between zip code and obesity. A new study out recently from reported on Reuters suggests people who live in neighborhoods packed with fast-food restaurants are more likely to suffer strokes. One example...


Moldy Tomato Paste Shipped By SK Foods

Posted on February 19, 2009
Nearly a year ago, the Monterey offices of SK Foods, a grower and processor of vegetable products, were raided by federal agents. SK Foods was initially raided because of its involvement in a bribery scheme. On Thursday, as a result...


New Drug for Celiacs?

Posted on February 17, 2009
The Celiac Disease Center at Columbia University is conducting a new study that may help individuals recently diagnosed with Celiac Disease. The study is testing a drug that may allow people to heal intestinal damage faster than the gluten-free diet....


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