3 ms·

There's an easy and widely exploited loophole. Your competitor can just call their product "makaroni" or "compares to macaroni" or something. I quite like th

There's an easy and widely exploited loophole. Your competitor can just call their product "makaroni" or "compares to macaroni" or something. I quite like this setup. It's nice to know the difference between cheese and "cheese product".

JumpCrisscross 2y ago
> competitor can just call their product "makaroni" or "compares to macaroni" or something If you know. If you’re Kraft, you do this. If you’re making homemade mac ‘n’ cheese, you get a cease and desist from Kraft. (Or god forbid trying to sell Italian vermicelli.) Let’s say your small producer can afford to hire a macaroni lawyer to figure out what’s going on. Who do you think is their regular client? How many could even pass conflicts? You may very well have no practicing macaroni lawyers in your state, which means you’re now getting someone reading the rules for the first time versus a team with warm contacts at the FDA and USDA.
- bryanlarsen 2y ago
  reductio ad absurdum. There are no macaroni lawyers.
  - JumpCrisscross 2y ago
    > There are no macaroni lawyers Why would you believe this? There is macaroni law [1]. (With a paywalled reference [2].) There is a macaroni trade association [3]. There are macaroni lawsuits [4]. It would be absurd for there not be lawyers who specialise in pasta/macaroni. (They're the same thing under federal law [5].) What would be less surprising is if they all work for the trade body and its members. [1] https://www.law.cornell.edu/cfr/text/21/139.110 https://www.law.cornell.edu/cfr/text/21/139.110 [2] https://www.aoac.org/official-methods-of-analysis/ https://www.aoac.org/official-methods-of-analysis/ [3] https://ilovepasta.org https://ilovepasta.org [4] https://law.justia.com/cases/federal/appellate-courts/F2/345/421/327838/ https://law.justia.com/cases/federal/appellate-courts/F2/345... [5] https://fdastorytime.com/2018/10/10/name-that-food-macaroni-product/ https://fdastorytime.com/2018/10/10/name-that-food-macaroni-...

JumpCrisscross 2y ago

> competitor can just call their product "makaroni" or "compares to macaroni" or something If you know. If you’re Kraft, you do this. If you’re making homemade mac ‘n’ cheese, you get a cease and desist from Kraft. (Or god forbid trying to sell Italian vermicelli.) Let’s say your small producer can afford to hire a macaroni lawyer to figure out what’s going on. Who do you think is their regular client? How many could even pass conflicts? You may very well have no practicing macaroni lawyers in your state, which means you’re now getting someone reading the rules for the first time versus a team with warm contacts at the FDA and USDA.

bryanlarsen 2y ago
reductio ad absurdum. There are no macaroni lawyers.
- JumpCrisscross 2y ago
  > There are no macaroni lawyers Why would you believe this? There is macaroni law [1]. (With a paywalled reference [2].) There is a macaroni trade association [3]. There are macaroni lawsuits [4]. It would be absurd for there not be lawyers who specialise in pasta/macaroni. (They're the same thing under federal law [5].) What would be less surprising is if they all work for the trade body and its members. [1] https://www.law.cornell.edu/cfr/text/21/139.110 https://www.law.cornell.edu/cfr/text/21/139.110 [2] https://www.aoac.org/official-methods-of-analysis/ https://www.aoac.org/official-methods-of-analysis/ [3] https://ilovepasta.org https://ilovepasta.org [4] https://law.justia.com/cases/federal/appellate-courts/F2/345/421/327838/ https://law.justia.com/cases/federal/appellate-courts/F2/345... [5] https://fdastorytime.com/2018/10/10/name-that-food-macaroni-product/ https://fdastorytime.com/2018/10/10/name-that-food-macaroni-...