Written by M. Sean High – Staff Attorney
A weekly update of recent local, state, national, and international legal developments relevant to agriculture.
A weekly update of recent local, state, national, and international legal developments relevant to agriculture.
·
Food
Policy: 2015-2020 Dietary Guidelines for Americans Released
o
On January 7, 2015, the federal
government released the 2015-2020 Dietary Guidelines for Americans, 8th Edition.
Published every five years, the Federal Dietary Guidelines are intended
to “inform the development of Federal food, nutrition, and health policies and
programs” and are the result of a joint effort between the U.S. Department of Agriculture
(USDA) and the U.S. Department of Health and Human Services (HHS).
·
Food
Policy: Advocacy group sues Federal government over
2015-2020 Dietary Guidelines Recommendation
o
On January 6, 2016, the Physicians
Committee for Responsible Medicine brought suit in the U.S. District Court for
the Northern District of California (Case No. 3:16-cv-00069) against USDA Secretary
Tom Vilsack and HHS Secretary Sylvia Mathews Burwell (available to subscribers at
www.pacer.gov). The complaint alleged
that the Dietary Guidelines Advisory Committee’s (DGAC) decision to recommend that
the 2015-2020 Dietary Guidelines for
Americans, 8th Edition should not include previous advice to
limit the consumption of dietary cholesterol to 300 milligrams per day was a
result of improper influence from: 1) research funded by USDA’s egg promotion
program; and 2) DGAC members’ institutions receiving funding from the egg
industry.
·
GMO
Labeling: Campbell Soup Company Releases Statement Backing
Mandatory GMO Labeling
o
On January 7, 2016, Campbell Soup
Company (Campbell) issued a press release announcing the company’s “support for
the enactment of federal legislation to establish a single mandatory labeling
standard for foods derived from genetically modified organisms (GMOs).”
According to the press release, Campbell will no longer participate in efforts
to oppose mandatory national GMO labeling, but will continue “to oppose…state-by-state
labeling laws, which it believes are incomplete, impractical and create
unnecessary confusion for consumers.”
·
Food
Safety: Stockholder Files Federal Class Action Against Chipotle
over Food Safety
o
On January 8, 2016, Chipotle stockholder
Susie Ong brought a class action suit against the company in the United States
District Court Southern District of New York (Case No. 1:16-cv-00141). According to the complaint, Chipotle “made
false and/or misleading statements and/or failed to disclose that: (i)
Chipotle’s quality controls were not in compliance with applicable consumer and
workplace safety regulations; (ii) Chipotle’s quality controls were inadequate
to safeguard consumer and employee health; and (iii) as a result of the
foregoing, Chipotle’s public statements were materially false and misleading at
all relevant times.” The complaint alleged that as a result of these actions,
and a subsequent market decline in the value of Chipotle securities, Susie Ong
and her fellow class members suffered “significant losses and damages.”
·
Voluntary
Standards: USDA AMS Withdraws Standards for
Grass-Fed and Naturally-Raised Meat
o
On January 12, 2016, the Agricultural
Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) issued
notice in the Federal Register that the agency was withdrawing the U.S.
Standards for Livestock and Meat Marketing Claims (81 FR 1386). Specifically, AMS is withdrawing the
standards for grass-fed and naturally raised meat products because of conflicts
between USDA’s-verified production/marketing and the food labeling
pre-approvals currently required from either the USDA Food Safety Inspection
Service or the Food and Drug Administration.
·
Water
Regulation: Congress Votes to Overturn WOTUS Rule
o
On January 13, 2016, the U.S. House of
Representatives passed a joint resolution (by a vote of 253-166) which if
enacted, would overturn the Environmental Protection Agency’s controversial Waters
of the U.S./Clean Water Rule (S.J.RES.22).
The resolution currently awaits presidential action.
·
Biofuel
Standards: Groups File Challenge to EPA’s Authority
Regarding Biofuel Mandates
o
On January 8, 2016, in the U.S. Court of
Appeals for the District of Columbia Circuit, seven advocacy groups (Americans
for Clean Energy, the American Coalition for Ethanol, the Biotechnology
Innovation Organization, Growth Energy, the National Corn Growers Association,
the National Sorghum Producers and the Renewable Fuels Association) filed a
challenge to the Environmental Protection Agency’s decision to waive the biofuel
volume mandates established by Congress (Case No. 16-1005). Filed in the U.S. Court of
Appeals for the District of Columbia Circuit, the case is available to
subscribers at www.pacer.gov.
·
Ag-Gag:
North
Carolina Ag-Gag Law Challenged in Federal Court
o
On January 13, 2016, six advocacy groups
(People for the Ethical Treatment of Animals, the Center for Food Safety,
Animal Legal Defense Fund, Farm Sanctuary, Food & Water Watch, and the
Government Accountability Project) filed suit challenging the constitutionality
of North Carolina’s recently enacted “ag-gag” law (Case No. 16-cv-25). Filed in the U.S. District Court for the
Middle District of North Carolina Greensboro Division, the case is available to
subscribers at www.pacer.gov.
·
International
Food Regulation: European Panel Determines
UV-Treated Milk Safe
o
On January 11, 2016, following a request
by the European Commission, the European Food Safety Authority (EFSA) issued an opinion that, in certain applications, ultraviolet radiation can safely extend the
shelf life of milk.
