Pushing American to the Brink
Jonathan and Chris Discuss How Far Left Leaders Are Pushing America to the Brink. Click here to listen to this Podcast.
Category: Labeling
FTC Bans “Biodegradable” on Products
In a decision that reverses its Administrative Law Judge and sets new national environmental policy, a Federal Trade Commission decision released on October 19, 2015 forbids the term “Biodegradable” from appearing on any product unless that product is shown to completely break down into elements in nature within five years after customary disposal. See In re ECM […]
D.C. Circuit: FTC’s Two RCT Requirement Violates the First Amendment
On January 30, 2015, the Circuit Court of Appeals for the District of Columbia entered its decision in the case of POM Wonderful, LLC (“POM”) v. Federal Trade Commission (“FTC”), No. 13-1060. In that decision, the D.C. Circuit upheld the FTC’s findings that POM violated the Federal Trade Commission Act (“FTCA”) by misleading consumers through […]
Proposed Federal Bill Would Prevent States, FDA, And Anyone Else From Informing Consumers Whether Food Is Bioengineered
By Eric Awerbuch In April, 2014, five members of Congress introduced a bill, H.R. 4432 (hereinafter “the Bill”) seeking to regulate, among other things, the labeling of bio-engineered food products.[i] The Bill, also known as the “Safe and Accurate Food Labeling Act of 2014,” is remarkable in that it: 1) prohibits the States from […]
Vermont GMO Labeling Bill is Constitutional Under the First Amendment
Last Wednesday, FoodNavigator-USA.com published an article written by Elaine Watson and entitled, “Vermont GMO labeling bill heads to governor’s desk. But can it withstand a First Amendment challenge?” In that article, Watson notes how the bill, which requires GMO labeling for foods produced with genetic engineering and prohibits such foods from being labeled “natural,” has […]
Experts Recap Oral Arguments Before the Supreme Court in POM v. Coke
Oral arguments concluded on Monday, April 21, 2014, in the POM v. Coke (Dkt. No. 12-761) case pending before the United States Supreme Court. Click here to read what experts had to say about the arguments. To recap, POM originally challenged Coke’s marketing for Minute Maid “Pomegranate Blueberry” fruit juice blend. POM filed a Lanham Act […]
Congressman Pompeo Introduces Bill to Block State GMO Labeling Laws
Representative Mike Pompeo (R-KS) introduced legislation last Wednesday that would preempt state laws that require mandatory labeling of genetically modified foods. Currently, Maine and Connecticut have passed GMO labeling laws that are contingent upon other states approving such laws, but many other states are considering enacting GMO labeling laws. Pompeo’s bill, named the Safe and […]
Press Release: Emord & Associates’ Legal Analysis of Vermont Genetically Engineered Labeling Bill, H.112, Concludes Bill Is Constitutional
Emord & Associates, P.C. is an AV-rated (highest in legal ability and ethics, Martindale-Hubbell organization) constitutional and administrative law firm located in Washington, D.C., Clifton, Virginia, and Chandler, Arizona (see emord.com). The firm has represented clients in eight successful First Amendment challenges against the Food and Drug Administration since 1999. On January 22, 2014, Emord […]
Supreme Court Further Immunizes Generic Drug Manufacturers from Liability
Consumers harmed by a generic drug manufacturer’s failure to warn have no recourse thanks to a U.S. Supreme Court ruling. In 2004, Karen Bartlett took sulindac, a generic, prescription-only non-steroidal anti-inflammatory drug manufactured by Mutual Pharmaceutical, for her painful shoulder. A few weeks after Bartlett took the drug, she developed an acute case of toxic […]
Commercialization of Qualified Health Claims
Qualified Health Claims permit nutrient-disease risk reduction claims to be made for dietary supplements without fear of FDA or FTC enforcement. The FDA allows such claims in reliance on its “enforcement discretion,” following submission of a health claim petition. The FDA’s “enforcement discretion” is a euphemism because the agency is constitutionally barred by precedent in […]
