Where GRAS Is Leaner

The United States Food and Drug Administration ("FDA") has announced that within three years partially-hydrogenated oils (major sources of trans fats) will no longer qualify to be "generally regarded as safe" ("GRAS"). Often used as a grandfathering mechanism for ensuring light regulation of foods whose wide consumption preceded passage of the Food, Drug, and Cosmetics Act, food designated as GRAS may be legally sold without specific proof of nutritional benefit. In light of overwhelming scientific evidence, the FDA outlined its new policy on June 16, 2015:

Based on a thorough review of the scientific evidence, the U.S. Food and Drug Administration today finalized its determination that partially hydrogenated oils (PHOs), the primary dietary source of artificial trans fat in processed foods, are not “generally recognized as safe” or GRAS for use in human food. Food manufacturers will have three years to remove PHOs from products.

This new policy furthers a previous FDA initiative regarding trans fats:

Since 2006, manufacturers have been required to include trans fat content information on the Nutrition Facts label of foods. Between 2003 and 2012, the FDA estimates that consumer trans fat consumption decreased about 78 percent and that the labeling rule and industry reformulation of foods were key factors in informing healthier consumer choices and reducing trans fat in foods. While trans fat intake has significantly decreased, the current intake remains a public health concern. The Institute of Medicine recommends that consumption of trans fat be as low as possible while consuming a nutritionally-adequate diet.

By 2019, partially-hydrogenated oils will be banned from food unless specifically approved by the FDA:

The FDA has set a compliance period of three years. This will allow companies to either reformulate products without PHOs and/or petition the FDA to permit specific uses of PHOs. Following the compliance period, no PHOs can be added to human food unless they are otherwise approved by the FDA.

Whatever its other effects, this new dietary policy will lend credence to the proposition that the GRAS is always leaner.

More On Jurassic World

The Lawrence Journal-World published a front-page article on June 11, 2015, on the science facts behind Jurassic World.  I had fun being interviewed by Rochelle Valverde for this story.  On radio, I had the pleasure of speaking with host Will Sterrett about similar issues for his station KMBZ.  I was surprised, but honored, that even Ray Kurzweil's website published a lengthy discussion of my views on deextinction.  Accurate or not, now I really want to see the movie!

Towards Jurassic World

Like the passenger pigeon, the Tasmanian wolf, and the wooly mammoth, the Jurassic Park franchise has recently been the object of serious resurrection efforts.  Deextinction has been successful in the case of the latter:  Jurassic World hits movie theaters on June 11, 2015.  I had fun being interviewed by reporter Amina Smith of 6News television on the prospects, ethics, and legality of deextinction.

Mother Of Infringements

The Canadian Telecom Summit describes itself as "deliver[ing] thought provoking presentations from the prime movers of the industry...[in a] a structured atmosphere of frank discussion and high octane idea exchange".  Apparently, such frank discussion can include calling j'accuse on alleged copyright infringement by one's own children.  In a keynote address she delivered at the Summit on June 3, 2015, Bell Media President Mary Ann Turcke is reported to have called out her 15-year old daughter for using a virtual private network ("VPN") to watch Netflix' U.S. programming rather than settling for what Netflix Canada offers.  This, Turcke declared, was "stealing".

Not so fast, says Professor Michael Geist, a copyright law expert at the University of Ottawa Faculty of Law.  In an article in the Toronto Star newspaper, Geist questions whether using a VPN to access Netflix' U.S. version of its streaming video content is, in fact, theft.  He notes that such actions might constitute breach of contract or possibly violate Canadian anticircumvention law, but considers "arguments that the subscribers [who access Netflix U.S. via VPN] violate copyright law are very weak". 

One thing is almost a certainty:  any teenager whose parent tattles on her in a public speech will feel very strongly (to euphemize) that her rights to privacy have been egregiously infringed.

Sex, Biology, And The Supreme Court

During United States Supreme Court oral arguments today (April 28, 2015) in the case of Obergefell v. Hodges, "biology" and its cognates were uttered 27 times in relation to whether or not there is a federal constitutional right to same-sex marriage.  John J. Bursch, Special Assistant Attorney General for the State of Michigan, opposing same-sex marriage, repeatedly argued variations of the following mantras:  "[W]e want to encourage children to be bonded to their biological mother and father" and "[W]e want to forever link children with their biological mom and dad when that's possible."  Justice Elena Kagan, echoing several other justices, offered this challenging retort:  "[I]t's hard to see how permitting same-­sex marriage discourages people from being bonded with their biological children."  In addition, it was noted repeatedly that many married couples either adopt children born to other parents - as Chief Justice Roberts and his wife have done - or have no children at all.

Bursch leaned heavily on "biology" to support his moral arguments against same-sex marriage.  Yet, biology and morality make strange and unmarriageable bedfellows.  Biology can, indeed, shine considerable light on a number of social issues discussed in the oral arguments, including bases for sexual preferences, means and patterns of procreation, and even why "fathers with the benefits or the requirements of marriage walk away from their children".  However, pair-bonded humans reproduced successfully and prodigiously for aeons before the invention of the institution of marriage.  So, any necessary connection between marriage, bonding, and "biology" remains unsubstantiated at best.

Biological evidence can be useful to support legal arguments.  The use of DNA evidence to convict and exonerate criminal suspects may be a success, but the attempt to use "biology" to deny marriage rights to same-sex couples is a failure.

Mark Lynas On GMOs

Way back on January 4, 2013, in Mark Lynas Recants on GM Agriculture, I discussed high-profile former GMO-critic Mark Lynas' change of heart in favor of genetic modification of agricultural organisms.  In an op-ed entitled "How I Got Converted to GMO Food", published in the Sunday New York Times on April 26, 2015, Lynas offered his impassioned advocacy of the agricultural benefits of genetic engineering.  Here is a remarkable passage from the article:

After writing two books on the science of climate change, I decided I could no longer continue taking a pro-science position on global warming and an anti-science position on G.M.O.s. 

There is an equivalent level of scientific consensus on both issues, I realized, that climate change is real and genetically modified foods are safe. I could not defend the expert consensus on one issue while opposing it on the other.

As I described in Intellectual Property as the Third Dimension of GMO Regulation, the history of opposition to GM food is replete with scientific myths and reversals of rationale and opinion.  Even so, it is remarkable to watch the continuing metamorphosis of Lynas' views from those of sworn opponent to those of passionate proponent.

PatCon V Arrives

The fifth annual Patent Conference (now commonly known as "PatCon") begins bright and early on April 10, 2015, at the University of Kansas School of Law, and continues on Saturday, April 11, 2015.  It features the latest research by top patent scholars from around the world.  Here is the full schedule for PatCon V.  Highlights include a keynote address ("Exploring Massive IP-Free Innovation by Consumers") by visionary MIT Sloan School Professor Eric von Hippel, and plenary addresses by former senior advisor to the White House Office of Science and Technology Policy Colleen Chien ("Intellectual Property and Innovation Policy at the White House") and newly-appointed Director of the USPTO Elijah J. McCoy Satellite Office, Detroit, Michigan, A. Christal Sheppard ("State and Future of the USPTO Including Day in the Life of Examiners and PTAB Judges").  Come one, come all - heed the patent muster call!

Climate Change Shocker!

The world of climate change science was rocked today, April 1, 2015, by the following discombobulating revelation. Who knows what to think anymore?

Canadian Cruz Control

Canada is not known for its flash, brashness, or will to power.  That is why it is so surprising that a Canadian has become the first Republican candidate to declare his ambition to be elected the 45th President of the United States.  Rafael Edward Cruz has many of the credentials expected of Presidential candidates, including intelligence, rhetorical skills, a deep knowledge of children's literature, and a J.D. from Harvard Law School (HLS 2005).  However, he has an additional credential that makes him unique, for, unlike Hawaiian-born President Barack Obama (HLS 1991), Ted Cruz was not born in the United States, but, rather, in the great dominion to its north.  On December 22, 1970, Cruz was born into the frigid Stampede City of Calgary, Canada.  He would be the first Canuck President of the United States.  A politician as talented as Cruz in the White House might even be able to persuade his "Home and Native Land" to welcome the United States back into the fold - whence it bolted in 1776 - as a fourth Canadian territory (alongside Yukon, Northwest Territories, and Nunavut), with the potential one day, perhaps, of even becoming a fully-fledged eleventh province.  As the motto of his birth city, Calgary, urges, Onward, Ted!

Written Description On PatCon

In 2011, Dave Schwartz (Chicago-Kent College of Law), Ted Sichelman (University of San Diego School of Law), David Olson (Boston College Law School), and I founded The Patent Conference, which quickly become known as "PatCon."  On April 10th and 11th, 2015, PatCon V will return to the University of Kansas School of Law, where it first began.  We were delighted to read in Written Description, a patent law blog founded by Lisa Larrimore Ouellette (Stanford Law School) that has become one of the most influential intellectual property blogs, that PatCon is one of the three "big annual IP-focused academic conferences in the US."  Thank you very much to Written Description for this most generous mention.