The U.S. Supreme Court has denied certiorari in a six-­state
coalition’s attempt to block enforcement of a California law
requiring egg­-production facilities to provide hens enough space
to extend their limbs and turn around. Missouri v. Becerra, No.
16­-1015 (U.S., denial of certiorari entered May 30, 2017). The rule
affects private egg producers within each state, but the U.S. Court
of Appeals for the Ninth Circuit found that this interest did not
convey standing upon the states. Additional details on the circuit
court’s decision appear in Issue 623 of this Update.

The high court also denied certiorari to Austin “Jack” DeCoster
and his son Peter, who sought to appeal the prison sentences they
received for their roles in a 2010 Salmonella outbreak that
sickened thousands across the United States. DeCoster v. United
States, No. 16-­877 (U.S., denial of certiorari entered May 18,
2017). The men, former executives of Quality Egg LLC, were
convicted of misdemeanor violations of the Federal Food, Drug,
and Cosmetic Act, and the U.S. Court of Appeals for the Eighth
Circuit upheld their convictions in July 2016. Additional details on
the appeal appear in Issue 610 and information on the criminal
charges appears in Issue 524.

 

Issue 637

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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