Genetically Modified Foods-- a Right to Know?

By Holly La Luz

Proponents of genetically modified crops argue that the technology benefits society by providing higher yields of more nutritious foods while requiring less water and pesticides. Because evidence has not yet shown a definite link between genetically altered foods and harm to public health, they reason, we should consider these foods safe.

Corn, soy and canola are just some of the ingredients that are often genetically altered. Consumers in the U.S. have no way of knowing. On most grocery shelves in this country, conventional foods are indistinguishable from genetically engineered foods. The European Union, Japan, China, Australia and New Zealand have already adopted regulations requiring labeling of gm foods. OH Congressman Dennis Kucinich has advocated for Americans' right to know whether or not the foods they consume are gm. He has proposed legislation to address some of the uncertainties posed by these new biotechnologies. The Genetically Engineered Food Right to Know Act would require manufacturers and farms to label all food products made with or containing gm ingredients. Violators would be subject to civil monetary penalties. And consumers would be able to decide for themselves whether to put this type of technology into their bodies.

Aside from the fears consumers express with the potential health risks of ingesting gm foods, scientists are also concerned that gm crops will lead to genetic contamination of the environment. Genetically modified crops are not grown only for food. Some crops are genetically manipulated to produce inside them certain chemical compounds of pharmaceutical or industrial interest. The Genetically Engineered Safety Act would prohibit the use of common human food or animal feed as the host plant for genetically engineered industrial or pharmecuetical compounds. It would also prohibit the open air cultivation of such industrial gm host plants. Supporters of this Act explain the need for such regulations: "Humans, animals, and the environment at large could be at risk from contamination, a major concern of which is that bioactive nonfood substances, which have not been tested, will contaminate or otherwise adversely affect the food supply.”

Information about the presence of gm ingredients not only provides consumers with a choice about what to put into their bodies, but it also empowers them to choose whether or not to support the gm industry. The Genetically Engineered Food Right to Know Act and the Genetically Engineered Safety Act have not yet been reintroduced into the current session of Congress. There is however a piece of legislation currently proposed that would require labeling of genetically engineered fish.

FTC May Put the Advertising Cookie Monster on a Diet

By: Brandy Worden, CLASS Co-President, 2010-11

Contact: president@consumerlawstudents.com

You may have noticed that increasingly, the ads you view on your web browser are directly linked to your interests. This is accomplished through targeted advertising. The Federal Trade Commission is mulling around the idea of creating a “Do Not Call List” equivalent for internet cookie tracking, the powerhouse to targeted online advertising.

To understand how advertising companies are getting the inside scoop on your cyber life, requires an understanding of cookies. This is not to suggest that companies coax personal information from you with baked goods. Rather, a cookie in this context is a file sent from a web server to a user's computer for the purpose of identifying the activities of the user.

When you request a Web site by typing it into the address bar, the Web site recognizes the IP address to know where to direct the information. Web sites create affiliate relationships with cookie tracker companies with whom they share what IP address is calling from that site. This enables trackers to assign a unique identifier number so logged activity can be attributed to the use of a specific IP address.

The cookies are designed in one of two forms. The cookie is either a session cookie that “is deleted when the browsing session ends,” or a persistent cookie that “remains in the hard drive after the even after the session ends.” The persitent cookie tracking maps our behavioral patterns as expressed in our browsing habits across the numerous web sites a user visits. With this information, the advertising company can build user profiles.

An example of a company using this profiling technique is [x+1]. They opt to assign user identifier numbers, based on IP addresses, to the cookies and then uses the unique user profiles to classify the user according to a spectrum of sixty-six Neilson segments. The Neilson segments attempt to profile the user by such estimating characteristics as geographic location, likely income, and education levels based on the user’s browsing history. For example, the “White Picket Fences” segment consists of people who “live in small cities, have a median household income of $53,901, are 25 to 44 years old with kids, work in white-collar or service jobs, generally own their own home, and have some college education.”

Privacy advocates have been for years advocating for increased privacy protection and transparency in this practice. Proponents of these changes are concerned because surveys indicate the majority of Americans are not even aware that cookie tracking is happening. Further, while advertising companies claim anonymity, individuals in the past have been identified using cookie tracking.

Should the FTC’s proposal come into effect, it is initially stated to apply only as a best-practices guide for companies. The guide would permit tracking along a single site (example: Amazon referencing your previous purchases to make shopping suggestions while you browse Amazon), but would discourage inter site tracking by third-party advertising companies if a user opted out.

Opponents to this proposal warn that reducing online advertising revenues by restricting profiling practices could lead to a decline in free online content.

Consumer Law Assistance for Businesses

Most businesses wish to do their best to satisfy their consumers. Part of this process is complying with consumer protection laws.

In order to ensure that companies are in compliance with consumer protection laws, the Federal Trade Commission offers an online guide. This guide contains helpful information regarding many regulations including regulations on spam, credit reports, advertising and more. This can also be a valuable resource for consumers who wish to learn more about the regulations the companies they solicit are required to follow.

Check out this link to view the Federal Trade Commission's Bureau of Consumer Protection, Business Center: http://business.ftc.gov/

A New Financial Watchdog

Soon consumers will have new resources to help them understand and assess the terms of their credit card and mortgage contracts.

The recently enacted Wall Street Reform and Consumer Protection Act (Pub.L. 111-203, H.R. 4173) (the “Act”) created a new executive agency, the Bureau of Consumer Financial Protection. The Bureau will be a watchdog organization that will regulate and enforce the “offering and provision of consumer financial products or services.” The Bureau will target financial services such as extensions of credit, loans, leases, deposit-taking activities, payment instruments, and financial advisory services, that are offered primarily for personal, family, or household purposes.

One of the Bureau’s primary functions will be to educate the public about consumer financial products. For example, the Bureau will provide information and technical assistance to traditionally underserved consumers through its Community Affairs Unit. A Research Unit will analyze and report on developments in financial product markets, access to credit, and consumer behavior.

A second important function of the new Bureau will be to provide oversight and bring enforcement actions against violations of federal consumer financial law. For example, the new Office of Fair Lending and Equal Opportunity will enforce federal housing laws including, the Equal Credit Opportunity Act and the Home Mortgage Disclosure Act. The Bureau will also collect and track consumer complaints.

The Bureau will be led by a Director that will be appointed by the President with the advice and consent of the Senate. In the meantime, President Obama named Elizabeth Warren to help set up the new agency. Ms. Warren, Harvard University law professor who specializes in bankruptcy and commercial law, will serve as Assistant to the President and Special Advisor to the Secretary of the Treasury on the Consumer Financial Protection Bureau.

Author: Amanda Stein, Vice President, CLASS 2010-11
Contact: vp@consumerlawstudents.com

Buying Electronic Goods Online-- EU Sites Make Significant Compliance Improvements

In 2009 only 44% of tested sites selling electronic goods complied with EU consumer law. Today, however, nearly 84% of sites are classified as compliant. This 40% improvement is largely attributed to increased EU Health and Consumer Commission sweeps. The principal problems included failure to provide required ifnromation about consumer rights, failure to provice sufficient information about price, and the lack of vendor contact information. The Commission's next target will be to improve compliance for non-electronic good sales, such as the sale of cultural and sports tickets.

Source: EUROPEAN UNION: Consumers: Most Internet Sites Now Safe to Buy Electronic Goods, Inetrnet Business Law Services, Sept. 19, 2010, available at
http://www.ibls.com/internet_law_news_portal_view.aspx?s=sa&id=1974

(From the EU Consumer Affairs Division:

An "EU sweep" is an action co-ordinated by the European Commission, and carried out simultaneously by the national consumer enforcement authorities in the Member States, Norway and Iceland. In a given week each year, consumer authorities check hundreds of sites in a particular sector in order to see where consumer rights are being compromised or denied. When they find that a website does not comply with EU consumer law, they then contact the operator and ask for corrective action. Those who fail to correct illegal practices can face fines or be ordered to close their websites.)