This week on the NOSH Podcast, reporter Lukas Southard speaks with Justin Pearson, senior attorney at the Institute for Justice, about how and when the First Amendment and the Constitution protects brands against food labeling regulations. Pearson describes some of the food labeling cases he has tried, how the industry can protect truthful speech on food labels, and why it is important to fight against unfair legislation and regulation that targets food makers.

 

In this episode:

1:03 - Justin tells Lukas about why he believes that a new law in Texas regarding labels on alternative meat products is just another attempt to make it more expensive and difficult to operate in the state.

3:25 - Justin explains the difference between food labeling legislation enacted in state and federal governments as opposed to regulatory rules enforced by the FDA and USDA.

12:25 - Justin describes a case he fought addressing how skim milk is labeled, using it as an example of just how long it can take to undo regulatory restrictions by the government.

16:28 - Lukas asks Justin to describe the lawsuit the Institute of Justice has recently filed against the FDA and USDA in defense of a low-FODMAP food maker.

24:42 - Justin explains how he uses the First Amendment and the Constitution to protect food makers against unfair legislation and regulations.

 

“These cases really boil down to whether you're looking at the information in context or out of context. Thankfully, because the First Amendment is pretty well respected by the courts, what the precedent says is that you have to look at it in context.”

“The First Amendment does not allow the government to ban truthful, factual, verifiable speech.”

-Justin Pearson, senior attorney at the Institute for Justice

 

About the NOSH Podcast

The staff of NOSH.com takes listeners inside the business of natural, organic, sustainable and healthy food during the NOSH Podcast. Using interviews and discussion, the team illuminates the news, brands, people, trends, and money affecting the world of packaged food.

New episodes are released every week. Send us comments and suggestions anytime to [email protected].

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