Colton McRae
94 Geo. Wash. L. Rev. 732
In recent years, retail consumers have become increasingly aware of the practices employed by factory farms in the production of meat, eggs, and other animal-derived food products. Although some consumers choose to abstain entirely from foods derived from animals, many others instead seek out products they perceive to be ethically sourced. Products that come from humane farms, however, are more expensive to produce and thus command a higher price. Some producers, seeking to capitalize on this consumer demand, market their products as humanely sourced while continuing to engage in conventional factory-farming practices. Their ability to “humanewash” is protected by a federal regulatory landscape that leaves terms like “pasture-raised” and “free-range” undefined. This Note explores the market dynamics driving this increase in humanewashing and then analyzes the law governing food product labeling. It identifies the gaps in current law, including a lack of binding definitions and ineffective enforcement mechanisms. Finally, it recounts the success of the U.S. Department of Agriculture’s (“USDA”) National Organic Program in solving a similar problem regarding products marketed as “organic.” Building on that model, this Note proposes expanding the National Organic Program to establish enforceable standards and permissible practices for products labeled as “humane.”
