WLF Analysis of California’s Biotech Food Labeling Proposal Considered

In today’s San Diego Reader:

Washington-Based Think Tank Suggests Prop 37 Labeling Goes Too Far

Dave Rice, October 2, 2012

The Washington Legal Foundation, a D.C. nonprofit group organized around pro-business and free market principles, has released two recent op-ed pieces questioning the wisdom of California’s Proposition 37, which would require the labeling of food products whose manufacturers knowingly use genetically modified organisms in the production process, and would prohibit such products from being labeled as “natural.”

Compelled Speech: Is California the Too Much Information State argues that labeling of products has gone too far. For example it points to California’s Prop 65, which requires that signs be posted in many public places informing consumers of the presence of known cancer-causing chemicals. . . . . . (read entire article here)

SEC Conflict Minerals & Resource Extraction Rules Are Legally Suspect

Guest Commentary

by Steven A. Engel and Katherine M. Wyman, Dechert LLP*

Of the various U.S. departments and agencies responsible for policing U.S. activities abroad, the Securities and Exchange Commission (SEC) does not readily come to mind.  Nonetheless, the Commission recently stepped into those waters by issuing two rules implementing provisions buried deep within the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”).  Those rules put the SEC’s “mission” to “maintain fair, orderly and efficient markets” in the United States in direct conflict with their supporters’ interests in policing the activities of U.S. corporations in international hotspots.  In all likelihood, litigation will soon follow.

Section 1502 of Dodd-Frank amended the Securities Exchange Act of 1934 (“Exchange Act”) by adding Section 13(p), which directs the Commission to issue rules requiring certain issuers to disclose their use of so-called “conflict minerals” (tantalum, tin, gold, and tungsten) that originated in the Democratic Republic of the Congo or in adjoining countries.  Section 1504 similarly adds Section 13(q) and directs the Commission to put out rules requiring “resource extraction” issuers (namely oil, gas, and mining companies) to disclose certain payments made to U.S. and foreign governments.  Continue reading “SEC Conflict Minerals & Resource Extraction Rules Are Legally Suspect”