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I think you're arguing from the perspective that there's some objectively right "Product of the USA" meaning. But there isn't. A USA Apple Pie did not start by
by jerf 5y ago
I think you're arguing from the perspective that there's some objectively right "Product of the USA" meaning. But there isn't. A USA Apple Pie did not start by the USA creating the universe, paraphrasing Carl Sagan.
The problem is that there are differing degrees of "Product of the USA" here. "Big Meat" wants to slap it on anything they want that vaguely touched the US at some point prior to packaging for marketing purposes. Absolutionists may want it to mean nowhere in the value chain that produced that particular animal does any other country appear, and may even say, yes, that means the car you mention is not made in the US. (Presumably there is a limit to how far back the analysis needs to go, since cows are not native to the US.) The guy on the street probably doesn't care, and may care about it for quality issues (perceived or real) or care about the vast majority of the profit of the value chain being retained in the US.
Generally, when it comes to product labeling in the US, the federal government declares what labels mean, and in the absence of that, labels have very little meaning [1]. In this case, the court majority ruled that the meaning the government outlines was fulfilled by the meat labeled as such in the package. This is not wrong, it just happens to not be the definition preferred by other people, and they're going to Congress to get it changed.
So, to answer your question, yes and no and maybe, all at the same time. Hence the problem.
[1]: It occurs to me as I type this that more of the labels could stand to be clear about which is which. If my bread says it is "whole wheat", is that in the set of meaningful, legally-defined labels, or is it just something the manufacturer felt like they could stick on because there was a whole wheat grain that accidentally got into the dough? I don't know, and my not knowing is the point, not the question itself.
- Retric 5y agoFalse advertising still applies. The only loophole is short descriptions by default have an ambiguous meaning. “Made with Oak” could mean you used an oak spoon at some stage in the process. So, it needs to be extremely egregious which this case wasn’t.