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    Food Law, Winter 2019

    Vol. 15 No. 2   January 2019

    Biotechnology

    Navigating the “Maize” of Biotech Regulation in the Food Industry

    By Jennifer Williams Zwagerman, LL.M.

    Technological advances in agriculture, such as genetically engineered foods, have the potential to increase yield, reduce disease, and address dietary deficiencies; but, for those involved in the food industry, adopting new technologies is becoming a complicated, confusing, and potentially risky endeavor, especially as consumer demands for transparency grow. Advising clients about biotechnology now involves compliance, risk management, litigation concerns, contractual indemnity, food safety, trade, traceability, and consumer perceptions.

    Features

    Regulatory Practice

    The USDA National Organic Program and the Effort to Maintain Organic Food Integrity

    By Stephen Forbes, Ph.D., and Ramkrishnan Balasubramanian, Ph.D., MBA

    The organic food industry is the fastest-growing sector in American retail grocery sales, reaching $47 billion, or 6.4%, of total grocery sales of $822 billion in 2017. It is unlikely that any major law firm in America does not have clients that produce, transport, distribute, or sell organic foods. Advising food industry clients who inquire about the costs and benefits of the complex, critical, and often costly transitioning to organic certification requires an understanding of the basic regulatory issues presented in this article, including the USDA National Organic Program (NOP), international trade agreements, and standards for organic integrity.

    Biotechnology

    A Burger by Any Other Name: Regulatory Challenges and Opportunities for Cell-cultured Meat

    By Alan Sachs and Sarah Kettenmann

    “Cell-cultured” meat—otherwise known as “synthetic” or “lab-grown” meat—is now under development by an expanding cadre of biotechnology companies around the globe seeking a new and sustainable source of meat that promises consumers the full taste, appearance, and texture of animal products while reducing reliance on, and in some cases replacing, modern animal agriculture and industrial production practices. Among the key controversies: Can a product be considered “meat” if it is grown in a laboratory instead of derived from a slaughtered animal? A federal court is now considering that very question, as U.S. government agencies are being challenged to apply their existing statutory authorities to ensure the safety of these novel food products.

    Regulatory Practice

    Can Nondairy Beverages Be Called Milk?

    By Marina E. Moreno and Jonathan Berman

    Consumers today can choose from among a broad variety of non-dairy beverage products that are marketed as “milk,” including “soy milk” and “almond milk.” This article discusses the issues related to using words originally associated with dairy products to identify plant-based products; the position taken or not taken by the FDA; the legislation that has been proposed to address the issue; and judicial decisions rendered on plant-based product manufacturers for using the word “milk” on their plant-based beverages’ labels. In addition, the authors compare how the issue has been addressed in Europe.

    Regulatory Practice

    The Regulation of Food Packaging

    By George G. Misko

    While there is general familiarity with food laws in the legal community, the laws and regulations governing food packaging are often less understood, even though they may have a significant impact on a food company’s success in marketing new products. This article explains how food packaging is regulated in the United States and how the U.S. regulatory scheme compares to other jurisdictions throughout the world; in addition, the authors provide insight to how many of the current food packaging regulations came about, including some recent updates to food packaging laws and regulations.

    Message from the Chair

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    The SciTech Lawyer is published quarterly as a service to its members by the Section of Science & Technology Law of the American Bar Association. It endeavors to provide information about current developments in law, science, medicine, and technology that is of professional interest to the members of the ABA Section of Science & Technology Law.

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