January, 18 2021, 11:00pm EDT
Public Oral Argument in Lawsuit Challenging the Labeling of Hydroponically-Grown Foods as Organic
On Thursday, January 21st, the United States District Court for the Northern District of California will hear arguments in Center for Food Safety's (CFS) ongoing lawsuit challenging the U.S. Department of Agriculture's (USDA) "soil-less" loophole that permits the labeling of hydroponically-grown foods as USDA Certified Organic, even though the Organic statute and regulations clearly mandate all organic crop producers foster soil fertility in order to obtain organic certification.
WASHINGTON
On Thursday, January 21st, the United States District Court for the Northern District of California will hear arguments in Center for Food Safety's (CFS) ongoing lawsuit challenging the U.S. Department of Agriculture's (USDA) "soil-less" loophole that permits the labeling of hydroponically-grown foods as USDA Certified Organic, even though the Organic statute and regulations clearly mandate all organic crop producers foster soil fertility in order to obtain organic certification.
WHAT: Oral Argument in Center for Food Safety's Lawsuit Challenging the Labeling of Hydroponically-Grown Foods as Organic
WHEN: Thursday, January 21, 2021, at 1:30 PM PST
(Note: the Court's afternoon session starts at 1:30 PM, and is currently listed as the first of the two cases scheduled for hearing that afternoon, but the Court can hear the cases in any order it wishes)
WHERE:District Judge Richard Seeborg's Virtual Courtroom via Zoom. Join here >>
CFS filed a petition requesting USDA to prohibit organic certification of hydroponic operations that do not work with or build soil in 2019. After USDA denied the petition, CFS, along with a coalition of organic farms and stakeholders, filed a lawsuit challenging USDA's decision to allow hydroponic operations to continue to be certified organic in March 2020. The lawsuit claims that hydroponic operations violate organic standards for failing to build healthy soils, and asks the Court to stop USDA from allowing hydroponically-produced crops to be sold under the USDA Organic label.
Hydroponic operations, or "hydroponics," describes methods of growing crops using water-based nutrient solutions without any soil. CFS's lawsuit cites the federal Organic Foods Production Act, which requires farms to build soil fertility in order to be certified organic. Hydroponics cannot comply with federal organic standards because hydroponic crops are not grown in soil. Allowing hydroponics to be certified organic is another attempt to weaken the integrity of the Organic label, and has resulted in market confusion and inconsistent organic certifications.
Thursday's hearing on summary judgment will be the only time the Court will hear oral arguments on whether hydroponic operations that do not work with soil meet the mandatory requirements to be sold under the USDA Organic label, and whether USDA violated the federal Organic Foods Production Act when it decided to exempt hydroponic operations from the Organic Label's soil-building requirements.
The plaintiff coalition in the lawsuit includes some of the longest-standing organic farms in the United States, including Swanton Berry Farm, Full Belly Farm, Durst Organic Growers, Terra Firma Farm, Jacobs Farm del Cabo, and Long Wind Farm, in addition to organic stakeholder organizations, such as organic certifier OneCert and the Maine Organic Farmers and Gardeners Association.
Center for Food Safety's mission is to empower people, support farmers, and protect the earth from the harmful impacts of industrial agriculture. Through groundbreaking legal, scientific, and grassroots action, we protect and promote your right to safe food and the environment. CFS's successful legal cases collectively represent a landmark body of case law on food and agricultural issues.
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Sanders, Booker, and Welch Unveil Ban on Junk Food Ads Targeting Kids
"We cannot continue to allow large corporations in the food and beverage industry to put their profits over the health and wellbeing of our children," said Sen. Bernie Sanders.
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A trio of U.S. senators on Friday introduced what's being billed as first-of-its-kind legislation sponsors say will "take on the greed of the food and beverage industry and address the growing diabetes and obesity epidemics" with a federal ban on junk food ads targeting children.
The Childhood Diabetes Reduction Act—introduced by Sens. Bernie Sanders (I-Vt.), Cory Booker (D-N.J.), and Peter Welch (D-Vt.)—would also require warning labels "on sugar-sweetened foods and beverages; foods and beverages containing non-sugar sweeteners; ultra-processed foods; and foods high in nutrients of concern, such as added sugar, saturated fat, or sodium."
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Booker said that "the future of our nation depends on a continued investment in the health and wellbeing of our children," adding that "more and more of our children are developing diabetes and obesity primarily because a handful of corporate food giants push addictive, ultra-processed foods to drive up their profits."
"By banning junk food advertising to children, implementing front-of-package warning labels, and funding research on the dangers of ultra-processed foods, we can rein in the predatory behavior of big food companies and ensure a healthier future for generations to come," he added.
As the senators noted:
Today, more than 35 million Americans are struggling with type 2 diabetes—90% of whom are overweight or obese. These crises go hand-in-hand and children are severely impacted. Today, 1 out of 5 five kids are living with obesity. A serious illness unto itself, diabetes is also a contributing factor to heart disease, stroke, amputations, blindness, and kidney failure. Unless the U.S. dramatically changes course, these numbers will continue to grow exponentially.
The impact on the economy is enormous: Last year, the total cost of diabetes exceeded $400 billion, approximately 10% of overall U.S. healthcare expenditures.
Meanwhile, the U.S. food and beverage industry spends about $14 billion annually on marketing unhealthy products, with $2 billion of that spent on advertising these products to children.
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"This is the reality that extreme Republicans call 'pro-life.'"
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According to Seitz:
Emergency rooms are subject to hefty fines when they turn away patients, fail to stabilize them, or transfer them to another hospital for treatment. Violations can also put hospitals' Medicare funding at risk.
But it's unclear what fines might be imposed on more than a dozen hospitals that the Biden administration says failed to properly treat pregnant patients in 2022.
It can take years for fines to be levied in these cases. The Health and Human Services agency, which enforces the law, declined to share if the hospitals have been referred to the agency's Office of Inspector General for penalties.
Responding to the reporting on social media, journalist Jane Mayer declared, "This is barbaric."
Texas Poor People's Campaign said that women in the state "are being left to die in ER waiting rooms. We cannot let this policy violence against women continue. Please join us as we mobilize voters for the '24 election."
Going into November, abortion has been a key issue at the state and federal level. Supporters of reproductive freedom are working to advance various ballot measures while Democratic President Joe Biden's campaign has highlighted his support for abortion rights and the presumptive Republican nominee, former President Donald Trump, has bragged about his role in reversing Roe—he appointed three of the six justices behind the majority opinion.
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Slate's Mark Joseph Stern, who covers U.S. legal battles, noted that this "devastating and timely story" from Seitz comes "just days before the Supreme Court considers whether emergency rooms can legally force patients to the brink of death before terminating a failing pregnancy."
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Bush (D-Mo.) joined progressives including Reps. Ilhan Omar (D-Minn.), Rashida Tlaib (D-Mich.), and Alexandria Ocasio-Cortez (D-N.Y.) in opposing the legislation, with centrist Democratic Rep. James Clyburn of South Carolina also voting with the left-wing faction.
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