Document Type
Article
Abstract
Several years ago, the FDA began examining whether or not eating cloned animal foods would be safe. They came to the conclusion that it would be safe, but ironically, in process of reaching this conclusion, the FDA study created so much rancor in the public that at least a dozen states and Congress introduced legislation to regulate cloned animal products by labeling cloned animal products. This Article argues that preemption of state legislation on this issue is preferable, but notes that there are a number of potential problems with the congressional legislation, particularly with regard to preemption of state regulation. Two cases decided recently by the Supreme Court provided guideposts regarding how Congress should act in order to fully preempt state regulation of cloned foods. This Article examines in Part II the FDA studies and subsequent congressional backlash; in Part III the Cloned Food Labeling Act; in Part IV the need for federal preemption and two cases which highlight problems in the Cloned Food Labeling Act that may present challenges to full preemption; and in Part V, a definitional gap in the CFLA which fails to address a different type of cloning, which could in the future lead to needless confusion.
Recommended Citation
B. George Walker,
Double Trouble: Competing Federal and State Approaches to Regulating the New Technology of Cloned Animal Foods, and Suggestions for the Future,
14 J. Tech. L. & Pol'y
(2009).
Available at: https://scholarship.law.ufl.edu/jtlp/vol14/iss1/3