To paraphrase the line from “Forrest Gump,” Supreme Court opinions are like “a box of chocolates; you never know what you are going to get.” For standing nerds, there was a gem in today’s opinion in FDA v. Alliance for Hippocratic Medicine, No. 23-25 (U.S. June 13, 2024). Continue reading “Supreme Court Puts an End to “Resource Drain” Standing”
Animal Rights Activists v. Big Agriculture: Who Gets to Claim Ownership of the Term “Meat”
by Michelle C. Pardo
We previously blogged about a legal challenge to Missouri’s amended advertising law that regulates what products are permitted to use the term “meat”. Nebraska is the latest state to consider legislation that aims to define what can be marketed and sold as “meat”. This year, Nebraska lawmakers will consider a bill that defines meat as “any edible portion of any livestock or poultry, carcass, or part thereof.” Excluded from the definition of meat: “lab-grown or insect or plant-based food products.” (Yes, you read that right. Edible insects are apparently on trend and being promoted as an “efficient, sustainable source of protein and nutrients”). Continue reading “Animal Rights Activists v. Big Agriculture: Who Gets to Claim Ownership of the Term “Meat””
“Fake Meat” Discussed at Farm Bureau Federation Annual Meeting
by John M. Simpson.
The American Farm Bureau Federation (AFBF), a prominent non-governmental organization in the U.S. representing farm and ranch families, held its annual meeting earlier this month in New Orleans. Among the topics discussed (in addition to the address by President Trump), was the increase in “alternative protein” production, namely meat-like substances that are derived from plant ingredients or that are cell-based and grown in a laboratory from animal cells. Plant-based “meat” products (e.g., “tofurky”) are currently available at retail. Cell-cultured “meat” products are not yet available but could be seen in 2019. Continue reading ““Fake Meat” Discussed at Farm Bureau Federation Annual Meeting”
FDA Reports on Antimicrobial Drug Use in Food-Producing Animals
By John M. Simpson.
On December 18, 2018, the Commissioner of the U.S. Food and Drug Administration (FDA), Scott Gottlieb, M.D., announced the issuance of the FDA’s 2017 Summary Report on Antimicrobials Sold or Distributed for Use in Food-Producing Animals. As the Commissioner noted, the health issues posed by antimicrobial-resistant pathogens are a significant problem. Antimicrobial resistance is “the ability of a microorganism (bacteria, virus, fungi, parasite) to resist the effects of a drug.” Therefore, “[o]ptimizing how medically important antimicrobial drugs are used and limiting their use to only when necessary to treat, control or prevent disease will help to preserve the effectiveness of these drugs for fighting disease in both humans and animals.” Continue reading “FDA Reports on Antimicrobial Drug Use in Food-Producing Animals”
USDA and FDA Announce Joint Regulatory Oversight for Cell-Cultured Food Products
by Michelle C. Pardo
On November 16, 2018, the U.S. Department of Agriculture (USDA) and the U.S. Food and Drug Administration (FDA) announced that the two Agencies will jointly oversee the production of cell-cultured food products derived from livestock and poultry (referred to by some as “clean meat”). This announcement follows October meetings between the two Agencies and stakeholders about issues related to regulatory oversight for this new technology, including issues related to potential hazards in production.
In an official statement:
“the Agencies are today announcing agreement on a joint regulatory framework wherein FDA oversees cell collection, cell banks and cell growth and differentiation. A transition from FDA to USDA oversight will occur during the cell harvest stage. USDA will then oversee the production and labeling of food products derived from the cells of livestock and poultry.”
The Agencies noted that this joint oversight takes advantage of the FDA’s and the USDA’s respective experience with new food technologies, living bio systems, and regulation of livestock and poultry products for human consumption. The Agencies and the Administration have taken the position that no new legislation on this topic is necessary. While many in the meat industry had presumed that the two Agencies would share regulatory oversight, the respective roles were not defined prior to this announcement. Cell-cultured meat companies seemed to have favored the FDA as the primary regulatory agency, while those that raise livestock and poultry for slaughter tended to favor the USDA taking the lead.
Some traditional meat companies have criticized cell-cultured meat technology as “fake meat”. We previously blogged about a lawsuit challenging state laws that limit what type of product can be labeled as “meat”. (“What’s Your Beef: Legal Challenge to Missouri’s Meat Advertising Law) https://blogs.duanemorris.com/animallawdevelopments/tag/clean-meat/. Whatever the products marketed and sold to consumers are eventually called — be it “cell-cultured food products”, “clean meat”, “lab grown meat”, “synthetic meat” or “in vitro meat” — this technology is bound to spark further debate among stakeholders in the food industries, the scientific community, consumers, and animal rights activists.
The public comment period on this issue is extended until December 26, 2018.