Economically Motivated Adulteration (EMA), a form of food fraud has been in the media in recent years as unscrupulous food manufacturers are caught diluting their products, substituting inferior ingredients, omitting ingredients, and concealing their actions for economic gain. The White Paper notes that EMA often leads to food safety incidents and cheats consumers.
As with food law in general, the regulation of EMA can be convoluted, leading to weak enforcement by the government. Recognizing that the current political reality does not support new regulations, the paper recommends that the FDA enforce the existing statutory mandate against EMA for the benefit of consumers in a smart, efficient manner by setting enforcement priorities and by collaborating with science experts and the food industry. The paper also recommends that the food industry address food fraud by embracing the norm of food authenticity and establishing self-governance rules as it has done so with sustainability. Last, the paper proposes specific changes in litigation against food fraud.
Michael Roberts serves as the founding Executive Director of the Resnick Program. His co-author is Whitney Turk, a Research Fellow with the Program.
Special Note: Michael will be joining us in the LL.M. Program at the end of the month to teach a class in the Federal Regulation of Food Safety course. It will be wonderful to have him back in Arkansas with us for a few days.