Newer Laws Might Mean More Litigation In The US


The recent edition of the ABA Journal published an interesting article entitled, Hungry for Change.

The article discusses the history of the American food history and the recent rise of food related illness.

While on the one hand tougher legislation might soon start to get through the door. On the other hand, manufacturers are voicing their concern about keeping up with newer measures that will likely cost more and involve additional red tape. The article predicts that litigation might actually increase because of new legislation and regulations.

Of course, there is also concern for the local farmers who might not be able to keep up with the amendments.

The article states:

While the agency performed 35,000 domestic food inspections in 1973, it performed only 18,000 in 2007, said Peter B. Hutt II, a former chief counsel to the FDA, in testimony before Congress in 2008. Hutt now is in private practice at Covington & Burling in Washington, D.C.

If anything, says Hutt, the pressures on the FDA have steadily intensified. He notes that Congress has adopted some 120 new laws that have expanded the FDA’s responsibilities without commensurate increases in funding. Among those new responsibilities are diet supplements, food allergies, food transport and nutritional labeling. And earlier this year, Congress added the regulation of tobacco products to the FDA’s tasks.

I suspect Canada might face similar problems.

Rehan Khalil
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