Every Plant can be a Weed and a Pest too … Federal Law Says So

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

BB Guns: An Ineffective Rat Control Program

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

Love Potion # 9 Unlawful … Or Maybe Not?

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?

Sharks with Lasers: Dr. Evil’s FDA Regulatory Concern

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

The Fussy, Fastidious, Finicky Fellow Standard

"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

Regulatory Nonsense: Frozen Lemonade Concentrate

FDA recently announced that it may delete some outdated food standards -- these are legally mandated recipes that FDA created to "promote honesty and fair dealing in the interest of consumers."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

No “Pumpkin” in my Pumpkin Pie? Understanding the “Common or Usual” Name for a Food

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