In the 1993 classic movie, Groundhog Day, the protagonist is caught in a time loop and forced to repeat things over and over again. This year, on February 2, the CPSC celebrated Groundhog Day by agreeing to settle a timeliness action brought against Michaels Stores. For the CPSC, in true Groundhog Day-style, the Michaels’ settlement …
Late last week, the CPSC community received one of its rarest gifts: A judicial opinion in a litigated civil penalty case. Judge William Conley of the U.S. District Court for the Western District of Wisconsin calculated the penalty Spectrum Brands owed for failing to report handles breaking off of Black & Decker SpaceMaker coffee pots …
In a ground-breaking ruling this week, the U.S. Court of Appeals for the 7th Circuit ruled in an en banc opinion that Title VII of the Civil Rights Act of 1964 protects workers from discrimination based on sexual orientation. In Hively v. Ivy Tech Community College of Indiana, the plaintiff was fired from her teaching …
Employment Law: Title VII Protects LGBTs From Discrimination, Says 7th Circuit Read More »
I have been accused by my children of being a “Grammar Nazi.” After years of haranguing, they know better than to end a sentence with a preposition in my presence (and, hopefully, when I am not around). Another of my pet peeves is the common practice of dropping the Oxford comma (aka, the serial comma) …
“Take two Advil® and don’t call me in the morning.” That might be the “prescription” that lawyers at a New York plaintiffs’ firm gave to their clients after reviewing an October 18, 2016, decision by Senior District Court Judge Sterling Johnson, Jr. dismissing a nationwide slack-fill class action lawsuit brought in federal court in Brooklyn. Slack-fill …
With the CPSC’s blessing, a large furniture company recently sent out wall anchors for its children’s dressers to address a tipping hazard and the accompanying CPSC press release did not refer to the activity as a recall. Subsequently a child was killed when one of the dressers fell. Chaffing under criticism from its decision to …
By former CPSC Commissioner Nancy Nord Did anyone else notice CPSC’s recent recall of ceramic mugs? The agency is concerned about 4400 mugs with hairline cracks. The hazard is not that they could break and cut the user, or that there could be sanitary issues with germs being trapped in the cracks, but that hot liquids might …
In the month of May, Texas received over 35 trillion gallons of rain. See the graphic, below, to put that into perspective. Many prayers were answered as we went from extreme drought to an overabundance of rainfall. Truly a blessing! It is much more difficult to do without water than deal with having too much. …
By Elliot Belilos The U.S. Consumer Product Safety Commission (CPSC) recently filed an action in federal court against Michaels Stores, Inc., seeking civil penalties for allegedly untimely reporting injuries from a vase sold in the stores and, notably, for allegedly falsely reporting the incidents as a retailer rather than as the manufacturer of the product. According …
CPSC Enforcement Action Against Michaels Highlights Importance of Proper Reporting Read More »
Getting ready for holiday “get togethers”, one often finds themselves in a rush or behind on preparing the food for the party. Don’t let tardiness be the reason the party attendees end up with a case of foodborne illness. Don’t rush cooking of product; I am certain the guests would rather wait a few minutes …
Don’t Rush the Holiday Preparations – Make Certain the Meat is Properly Cooked Read More »
It is that time of year again. I don’t cook –and I continue to provide food safety advice for those of you that do. Ah, it must be Thanksgiving. Last year I provided some tips on thawing and cooking your Thanksgiving turkey. I encourage you to review those tips if you have any questions on …
Note: John authors a regular column in Farm Journal magazine, the most widely-circulated farm publication in the United States. Agriculture is officially entering the era of big data. Prescriptive planting relies on historical weather trends and satellite mapping coupled with soil sampling, yield monitoring and soon whatever a drone can glean from flying over a …
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. Several weeks [ago], the Food and Drug Administration (FDA) issued its first major proposal in 20 years to amend the Nutrition Facts panel. The anticipated price tag – a whopping 2 billion dollars. There are two major changes – …
John Block Reports: FDA’s New Nutrition Label—Proposal to Demonize Sugar Read More »
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. While often the subject of criticism for delay or inaction on important regulatory matters, FDA has been busy, busy, busy as we start 2014. With Barack Obama no longer running for President and a dysfunctional Congress unable to influence …
I hope you have a happy Thanksgiving this year. The celebration of Thanksgiving dates back to our ancestors who settled this country. They didn’t have any of the comforts that we take for granted today. They were just thankful to have a roof over their head and food to eat. Even today, there are people …
I am always amazed each Thanksgiving that my friends have questions on “cooking turkey.” I am even more amazed that they ask me questions, because I have a solid reputation for not being able to cook anything! That said, perhaps they ask because I do know how to make certain the turkey makes it safely …
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. August in Washington, D.C. – 100 degrees, 100 percent humidity…and I’m still grateful to be here. Have you seen the headlines lately? Syria: “100,000 dead; 2.5 million displaced; chemical weapons used against their own population.” Egypt: “Military takeover; Civil …
The discovery and isolation of a naturally-occurring gene is not eligible for patent protection. Such was the holding issued by the U.S. Supreme Court in a unanimous opinion in Association for Molecular Pathology v. Myriad Genetics, Inc. While the Court’s decision has drawn both praise and ire from different pockets of the biotech community, the …
Supreme Court Draws the Line on Genes and Patentability Read More »
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. In a remarkable 9-0 decision, the United States Supreme Court ruled that Vernon Bowman, an Indiana soybean farmer, violated Monsanto’s patents by planting “bin-run” commodity beans purchased from a grain elevator. Because 94% of soy beans planted in Indiana …
John Block Reports: Bowman v. Monsanto—The Decision Read More »
Nutrition Facts, Supplement Facts, Drug Facts…… Alcohol Facts? For a number of years, alcoholic beverages have been the only category of consumable product that does not bear basic product information in a consumer-friendly form. Conventional foods have Nutrition Facts; dietary supplements have Supplement Facts; and OTC drugs have Drug Facts. But, alcoholic beverages have…. mystery. …
“Alcohol Facts” Becomes a Reality: FTC Requires Four Loko To Label Its Product Read More »
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. Just last week, marking the second anniversary of Congress’s passage of the Food Safety Modernization Act, FDA proposed comprehensive regulations for the growing, harvesting, packing, and holding of produce. FDA acknowledged this is the first effort by the agency …
John Block Reports: FDA – Coming to a Farm Near You Read More »
Alcohol accounts for a large portion of the daily calories consumed by many American adults, a new Centers for Disease Control and Prevention (CDC) study concludes. The study found 19 percent of men and 6 percent of women take in more than 300 calories daily from alcoholic drinks. “I think people may be aware that …
New CDC Study of Calories from Alcohol Supports Alcohol Beverage Label Reform Read More »
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. On Election Day, California voters will decide on another food labeling ballot initiative, one that is being watched intently by the food industry. If it passes, the California Right to Know Genetically Engineered Food Act, popularly known as Prop …
John Block Reports: California’s Preposterous Prop 37 Read More »
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. We just returned from summer vacation to the Baltic, including St. Petersburg, Russia. Mother Russia hasn’t really changed all that much since the Soviet days. There are beautiful palaces, exquisite waterways, and art treasures galore. There are security cameras …
John Block Reports: A Visit to St. Petersburg / Back in the USSR Read More »
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. Reaching new lows in broadcast television journalism, ABC News several weeks ago ran an investigative report unfairly and inaccurately disparaging a safe and wholesome lean beef product by repeatedly referring to it as “pink slime.” They sent out their …
John Block Reports: Tabloid Journalism – ABC News Slimes Lean Beef Read More »
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. Remember, I’m Jack’s moderate Democrat colleague. We support the same priorities – a healthy and prosperous agricultural sector. With the Presidential election beginning to heat up, I thought I would lay out the case for why President Barack Obama …
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. The bad news just keeps rolling in. The unemployment rate rests at 9% with over 400,000 new applicants each week. Worse yet, many folks are simply leaving the work force and not trying at all. Our GNP has flat-lined …
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. Over the past 35 years, I have acted as food safety counsel to a wide array of agriculture interests in the United States including producers, processors, distributors and retailers. The concepts of food poisoning and food borne illness were …
John Block Reports: Holiday in Europe – Food Safety Gets Personal Read More »
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. Recently, Congress enacted new laws to bolster food safety and to require calorie labeling for restaurant foods. Both of these laws had broad industry and consumer support. Now, Congress is debating FDA’s budget for 2012 and some in the …
OFW Law founding principal Richard L. Frank fills in for former USDA Secretary John R. Block on John Block Reports. Last week the President signed the Food Safety Modernization Act. It was passed by a united lame-duck Congress in the waning days of 2010. The new food safety law enhances FDA’s authority to make an already safe food supply …
John Block Reports: Food Safety Legislation Enhances Already Safe Food Supply Read More »
OFW Law founding principal Richard L. Frank sits in with former USDA Secretary John R. Block on John Block Reports. The election is now over. Yes, Republicans have made significant gains, reclaiming the House and gaining a virtual tie in the Senate. Nancy Pelosi is out and John Boehner is in. Harry Reid’s already weakened authority has been further diminished and …
We focus on legal, regulatory and advocacy issues in the agriculture, food, and medical products industries.
