I love to garden. But weeds, along with deer, cause me great pain and toil. I hate weeds, but what exactly is a weed? Let's turn to the law (I am a lawyer after all). Pesticides are nationally regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This law, like any good law, contains … Continue reading Every Plant can be a Weed and a Pest too … Federal Law Says So
FDA once seized food from a warehouse that had a rat infestation problem, which unsurprising violates the Food, Drug, and Cosmetic Act. A food is adulterated "if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health." … Continue reading BB Guns: An Ineffective Rat Control Program
Source: San Diego Coast District Cultural Resources (https://www.parks.ca.gov/?page_id=23905) Good thing that Madame Ruth on Thirty-Fourth and Vine never mass produced her famed Love Potion # 9 or she may have had an issue with the Food and Drug Administration (FDA). In 1989, FDA concluded that all aphrodisiacs are unapproved new drugs and thus are prohibited from … Continue reading Love Potion # 9 Unlawful … Or Maybe Not?
Photo by Marta Branco on Pexels.com "Made in …" or "Product of …" these declarations are quite common on everyday products. This requirement is from the Tariff Act of 1930, which requires "every article of foreign origin (or its container …) … imported into the United States shall be marked in a conspicuous place as … Continue reading Where is This from Anyways?
Dr. Evil had one simple request, "And that is to have sharks with frickin' laser beams attached to their heads!" However, complying with endangered species laws prevented this and he had to settle for ill tempered mutated sea bass (until the third movie). Alas, I wonder if Number Two remember the FDA regulatory compliance issue. … Continue reading Sharks with Lasers: Dr. Evil’s FDA Regulatory Concern
A kiss is a "caress with the lips," but it is also "a bite-size piece of candy often wrapped in paper or foil." Merriam-Webster, definition of "kiss." While some may focus on lip caresses, there's a story to be told about pieces of chocolate wrapped in foil that involve trade complaints and shortages in weight. … Continue reading Valentine’s Day is for Kisses
"Eww, that's not food!" has exclaimed countless kids over the centuries, including my own recently. Like my kids and Calvin, the Food, Drug, and Cosmetic Act protects the American consumer from things that are simply unfit for food. Under this provision, a food can be unlawful if it is too rubbery, woody, hard, or the … Continue reading The Fussy, Fastidious, Finicky Fellow Standard
FDA recently announced that it may delete some outdated food standards -- these are legally mandated recipes that FDA created to "promote honesty and fair dealing in the interest of consumers." On FDA's list is frozen cherry pie and I'd like to propose another one from the frozen food isle: frozen lemonade concentrate. That's correct, … Continue reading Regulatory Nonsense: Frozen Lemonade Concentrate
Everyone knows what a pumpkin is: a roundish gourd with grooves going up and down, and, of course, it's orange. One then uses this produce to make a jack-o'-lantern or, more importantly, a pumpkin pie! The pumpkin pie purests insist that you must use fresh pumpkins to make a pie. These pumpkins have the botanical … Continue reading No “Pumpkin” in my Pumpkin Pie? Understanding the “Common or Usual” Name for a Food
"It's candy and I'm allowed to eat it during class," my fourth grade classmate bragged to me. His parents wrote a note to the teacher saying that he was allowed to have cough drops during school to help with his cold. Little did my fourth grade self know that I was witnessing FDA regulation at work: … Continue reading The Curious Cough Drop