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Legislate
Update: Status of Proposed Food-Disparagement Laws April 16, 1999 The Center for Science in the Public recently checked on the states where food disparagement laws were said to be pending. Here is what we found:
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| Various food-disparagement bills have been
proposed in California. Most recently, state Senator Jim Costa (D-Fresno) has introduced a
bill (SB 1334) calling for a study to determine the need for such laws. Though the
bill is dead for all practical purposes, it is currently in an inactive file in the state
Assembly.
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| A food disparagement law was introduced in the Iowa Legislature (1995 session) and was
presented to the Senate Agriculture Committee. The measure never got out of
committee and thus died.
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| Once again, the Maryland Legislature refused to
pass a proposed "veggie-libel" law. In the 1998 session that ended
recently, the bill died in committee, as did its two predecessors.
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| There were several reports that a
food-disparagement bill would be introduced into the Massachusetts Legislature. At
this time (5-26-98) no such bills are pending in that state.
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| Two food-disparagement bills are currently pending in the Agriculture Committee
of the Michigan Legislature. One proposed measure, HB 4660, is a comprehensive
food-disparagement bill with, among other things, a "scientific evidence"
standard. Under the proposed law, treble damages may be awarded. The other
proposed bill HB 4634, allows for an award of damages for any "false or misleading
statement of fact relating to the food product of another person." A
"false or misleading" statement "means a factual assertion that is not
supported by scientific or other evidence." (The Michigan Press Association,
among others, has opposed the measures and the Detroit News editorialized against
them in its February 28, 1998 issue, sect. C, p. 6.)
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| In early 1998, a proposed food-disparagement law (HB 923) was presented to the
Missouri House Agriculture Committee. The very poorly drafted bill was co-sponsored by
House Agriculture Committee Chairman Sam Leake and state Senator Harry Wiggins. The remedy
provisions of the proposed law included "actual damages, costs, . . . reasonable
attorney’s fees, and punitive damages of at least three times the actual
damages." The bill never came up for a vote and died when the state legislative
session ended on May 16, 1998.
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| There were several reports that a
food-disparagement bill would be introduced into the Nebraska Legislature. At this
time (5-26-98) no such bills are pending in that state.
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| A food-disparagement bill was introduced in the
New Hampshire Legislature earlier this year. The bill (HB 1105) was presented to the
House Judiciary Committee. It was overwhelmingly defeated on the House floor after a
significant "no" vote in the House Judiciary Committe. The New Hamphsire
ACLU, among others, testified against the bill.
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| A proposed food-disparagement law (HB 8690)
recently failed to get out of the Vermont House Agriculture Committee. The bill
failed after the Vermont ACLU and the Vermont Public Interest Research Group, among
others, testified against it.
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| There were several reports that a food-disparagement bill would be introduced into the
Wisconsin Legislature. At this time (5-26-98) we have no knowledge of any such
bills.
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