Food Labeling
Agricultural Law Weekly Review—March 13, 2023
Biotechnology: U.S. Trade Representative Announces USMCA Technical Consultations On Mexican GMO Corn Ban 🌾
On March 6, 2023, the Office of the U.S. Trade Representative (USTR) announced that it is requesting technical consultations with Mexico “regard[ing] certain Mexican measures concerning products of agricultural biotechnology,” i.e., Mexico’s February 13, 2023, decree prohibiting import of genetically modified corn for human consumption. USTR initiates the technical consultations under Article 9.19 of Sanitary and Phytosanitary Measures (SPS) Chapter of the United States–Mexico–Canada Agreement (USMCA). According to a statement issued by USDA Secretary Vilsack, the United States “remain[s] firm in […]
Agricultural Law Weekly Review—January 16, 2023
Organic Agriculture: DOJ Indicts Multiple Companies and Individuals for Organic Fraud 🌾
On January 6, 2023, the U.S. Department of Justice announced the indictment of two Dubai-based agricultural companies and three Turkish residents for conspiring to export non-organic grain labeled as “organic” into the United States. The defendants are charged with conspiracy, smuggling, and wire fraud. According to the announcement, in 2016, the defendants “shipped 16,250 [metric tons] of non-organic soybeans falsely labeled as ‘organic’ from Turkey to the United States where they were sold for over $10 million.” The case is pending in the U.S. District Court for the […]
Agricultural Law Weekly Review—Week Ending October 21, 2022
Animal Welfare: Utah State Jury Finds Animal Activist Not Guilty of Burglary and Theft for Taking Two Piglets from Smithfield-Owned Swine Operation 🌾
On October 8, 2022, a Utah state court jury found Wayne Hsiung not guilty of theft and burglary for removing two piglets from a swine production facility owned and operated by Smithfield Foods’ Circle Four Farms while conducting an undercover investigation of the facility in March 2017. Utah v. Hsiung, No. 181500061 (5th Dist. Utah). Hsiung, a member of the animal rights group Direct Action Everywhere, was indicted and arrested in May 2018, although […]
Agricultural Law Weekly Review—Week Ending August 19, 2022
National Agriculture Policy: Inflation Reduction Act Signed Into Law
On August 16, 2022, President Joe Biden signed into law H.R.5376, known as the “Inflation Reduction Act of 2022,” which appropriates $750 billion through 2031 for numerous federal programs, prioritizing renewable energy, climate, and healthcare initiatives. The Act allocates approximately $38 billion for agriculture and rural development, down from the previous November 2021 version of the bill, known as the Build Back Better Act, which would have provided $80 billion for agricultural programs. The 2022 Act includes
- $19.5 billion for conservation programs—$8.45 billion of which prioritizes diet […]
Agricultural Law Weekly Review—Week Ending July 22, 2022
Antitrust: Federal Poultry Processing Wage Suppression Suit Alleging National Conspiracy Survives Motions to Dismiss 🌾
On July 19, 2022, U.S. District Court for the District of Maryland issued an opinion on five motions to dismiss the third amended complaint in this 2019 putative class action case titled Judy Jein, et al. v. Perdue Farms, Inc., et al. No. 19-2521 (USDC MD), based upon Sherman Act antitrust violations on behalf of workers at various poultry processing plants. The class action alleges that the defendant manufacturers conspired to depress wages and share compensation data in order to do so. The twenty-six […]
Agricultural Law Weekly Review—Week Ending June 3, 2022
Food Policy: USDA Announces “Framework to Transform Food Systems” 🌾
On June 1, 2022, the U.S. Department of Agriculture announced details of a set of actions collectively called a “Food Systems Transformation” framework, funded by American Rescue Plan Act and other pandemic relief legislation, to serve the purposes announced in Executive Order 14017 (America’s Supply Chains) and “to benefit consumers, producers and rural communities by providing more options, increasing access, and creating new, more, and better markets for small and mid-size producers.” The initial announcement outlined over $3 billion of investment in at least 16 USDA programs to […]
Agricultural Law Weekly Review—Week Ending March 18, 2022
Food Labeling: Tenth Circuit Affirms Dismissal of ‘Product of USA’ Meat Labeling Lawsuit 🌾
On March 11, 2022, the U.S. Court of Appeals for the Tenth Circuit issued an opinion and order affirming the U.S. District Court for the District of New Mexico’s dismissal of a suit alleging that the “Product of the U.S.A” labels used by the defendant meat packers—Tyson Foods, Inc., Cargill Meat Solutions, Corp., JBS USA Food Company, and National Beef Packing Company, LLC—are deceptive and misleading because the labeled beef products are not derived from cattle born and raised in the United States but instead […]
Agricultural Law Weekly Review – Week Ending November 12, 2021
Food Policy: Glasgow Climate Change Summit Includes Food Systems Initiatives 🌾
On November 13, 2021, the United Nations Climate Change Conference of the Parties (COP26) in Glasgow, Scotland concluded. Among the notable agricultural-related developments was the Glasgow Food and Climate Declaration, a declaration seeking all levels of government entities to become signatories and work in various ways towards, among other things, reducing greenhouse gas (GHG) emissions from food systems, in acknowledgment of a United Nations’ finding that food systems account for over one-third of global greenhouse gas emissions, and “the creation of resilient livelihoods for farm and food workers.” […]
Agricultural Law Weekly Review – Week Ending October 29, 2021
Agribusiness: Federal Court Allows Securities Fraud Claims to Proceed Against Bayer Re: Monsanto Purchase 🌾
On October 19, 2021, the U.S. District Court for the Northern District of California issued an order denying Bayer’s motion to dismiss a suit brought by Bayer investors alleging that the company’s actions in connection with its acquisition of Monsanto violated the Securities and Exchange Act of 1934. Sheet Metal Workers National Pension Fund v. Bayer Aktiengesellschaft, No. 3:20-cv-04737. The plaintiffs, multiple pension funds, claim that Bayer misstated the safety of glyphosate and Roundup, Bayer’s own due diligence efforts, and the legal risks […]
Agricultural Law Weekly Review – Week Ending October 8, 2021
Biofuels: Biofuel Advocacy Group Files Supreme Court Petition for Review of E15 Vacatur 🌾
On October 7, 2021, biofuel advocacy group Growth Energy filed a petition for writ of certiorari in the U.S. Supreme Court, asking the court to review the U.S. Court of Appeals for the District of Columbia Circuit’s July 2021 vacatur of the U.S. Environmental Protection Agency’s (EPA) rule allowing year-round sales of fifteen percent ethanol fuel blend (E15). Growth Energy v. American Fuel & Petrochemical Manufacturers, et al., No. 21-519. Growth Energy previously filed for a rehearing of the case, which was denied by […]
