[GPSCC-chat] [SCC-MTA-General] Move To Amend [snip]/Misinformation

Thu May 16 12:23:30 PDT 2013

Also, this just in, in one part of the discussion on the MTA list (forwarded to me with attachements so it didn't go to the whole list) it was asserted that the Rbgh case was declined to be heard by the Supreme Court, letting the appellate court ruling stand. I'm not sure if that means that the case decision is now the law of the land or only applies in the apellate district.

John Thielking

--- On Thu, 5/16/13, Brian Carr <napo2 at verizon.net> wrote:

From: Brian Carr <napo2 at verizon.net>
Subject: RE: [SCC-MTA-General] Move To Amend Disinformation/Misinformation
To: SCC-MTA-General at yahoogroups.com, sosfbay-discuss at cagreens.org
Date: Thursday, May 16, 2013, 11:50 AM

Thanks, Judy.  It was the Federal Appellate Court which actually overturned the District Court Judge who had ruled that the people of Vermont had the right to know what was in their food.

From: SCC-MTA-General at yahoogroups.com [mailto:SCC-MTA-General at yahoogroups.com] On Behalf Of Judy Young
Sent: Thursday, May 16, 2013 11:37 AM
To: SCC-MTA-General at yahoogroups.com; sosfbay-discuss at cagreens.org
Subject: Re: [SCC-MTA-General] Move To Amend Disinformation/Misinformation

In the interest of making sure the facts are completely accurate, the International Dairy Foods Association v. Amestoy is a federal Court of Appeals case in the Second Circuit.

Here is the information about the case from Findlaw:

http://caselaw.findlaw.com/us-2nd-circuit/1210635.html

United States Court of Appeals,Second Circuit.

INTERNATIONAL DAIRY FOODS ASSOCIATION MIF v. AMESTOY

INTERNATIONAL DAIRY FOODS ASSOCIATION;  Milk Industry Foundation (MIF);  International Ice Cream Association;  National Cheese Institute;  Grocery Manufacturers of America, Inc. and National Food Processors Association, Plaintiffs-Appellants, v. Jeffrey L. AMESTOY, as Attorney General of the State of Vermont and Leon C. Graves, Commissioner of Agriculture, Food and Markets of the State of Vermont, Defendants-Appellees.

No. 876, Docket 95-7819.

Argued Nov. 2, 1995. -- August 08, 1996

From: Brian Carr <napo2 at verizon.net>
To: SCC-MTA-General at yahoogroups.com; sosfbay-discuss at cagreens.org 
Sent: Thursday, May 16, 2013 11:10 AM
Subject: RE: [SCC-MTA-General] Move To Amend Disinformation/Misinformation

For those who have a copy of Jeffrey Clements” “Corporations are not People,” he has a long discussion of the case,  International Dairy Foods Assoc. v Amestoy (1996), in which the Federal District Court struck down the Vermont Law based on the corporation’ s First Amendment rights.  (Pages 39-45 in Clements’ book.) 

Since Bovine Growth Hormone is associated with higher incidence of some cancers as well as the increase in anti-biotic resistant bacteria, and is banned in most advanced countries of the world, telling the people of Vermont that they didn’t even have the right to know that this substance was in their food,  is one of the most dramatic examples of how extending constitutional rights to corporations has taken away fundamental rights of people.

From: SCC-MTA-General at yahoogroups.com [mailto:SCC-MTA-General at yahoogroups.com] On Behalf Of Kerri Hamilton
Sent: Thursday, May 16, 2013 10:19 AM
To: SCC-MTA-General at yahoogroups.com; sosfbay-discuss at cagreens.org
Subject: Re: [SCC-MTA-General] Move To Amend Disinformation/Misinformation

Also, it isn't a GMO labeling case, but it is about labeling Bovine Growth Hormone, which is required to be labeled in many other nations. I believe it's the International Dairy case. The San Jose Mercury News just did a related food labeling Op/Ed in support of legislation co-sponsored by Senator Boxer, btw.

From: Kerri Hamilton <kerrihamilton2004 at yahoo.com>
To: "SCC-MTA-General at yahoogroups.com" <SCC-MTA-General at yahoogroups.com>; "sosfbay-discuss at cagreens.org" <sosfbay-discuss at cagreens.org> 
Sent: Thursday, May 16, 2013 10:14 AM
Subject: Re: [SCC-MTA-General] Move To Amend Disinformation/Misinformation

John,

I don't know who was speaking, but I believe that this is one of the cases identified by members including lawyers who participated in the IRATE project as a case where a corporation used a Constitutional "right" assigned by the courts to overturn a law. I wasn't a part of that project and haven't studied the details of the cases that were analyzed, so I'm not sure if it was one of the cases that went all the way to the Supreme Court or if it was a ruling by a lower court based upon prior decision(s). Judy or someone else involved with that project might be able to tell you definitively.

Kerri

From: John Thielking <pagesincolor at yahoo.com>
To: SCC-MTA-General at yahoogroups.com; sosfbay-discuss at cagreens.org 
Sent: Thursday, May 16, 2013 9:59 AM
Subject: [SCC-MTA-General] Move To Amend Disinformation/Misinformation

Hello,

I was at the board meeting of the San Jose Peace and Justice Center a couple of days ago when a rep from Move To Amend stated that the GMO labeling law in Vermont had been struck down by the US Supreme Court on the grounds that corporations have "negative free speech rights" allowing them to not state something on a food label if they so choose. I did an Internet search for any info on this and could only find this article:

http://www.alternet.org/food/why-vermonts-governor-peter-shumlin-bowing-monsanto

which states that Vermont's governor is bowing to Monsanto because he fears that a GMO labeling law will be struck down just as the rgbh labeling law was struck down, but in fact no such Supreme Court decision has been made, not even in the case of the Rbgh labeling law. Please keep your facts straight when discussing the pros and cons of corporate personhood. Thanks.

Sincerely,

John Thielking

PS: If such a GMO labeling law were struck down on the basis of negative free speech rights, this could throw out ALL of the requirements that food have ingredient and nutrition labels, which just seems laughable.

__._,_.___

Reply via web post 
Reply to sender 
Reply to group 
Start a New Topic 
Messages in this topic (7) 
Recent Activity: 

Visit Your Group 

Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use • Send us Feedback 

. 

__,_._,___

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.cagreens.org/pipermail/sosfbay-discuss_lists.cagreens.org/attachments/20130516/0905e32d/attachment.html>