Maine Governor Janet Mills has signed into law House Bill 1156 which will prohibit a manufacturer from selling or offering for sale in the state a cosmetic that was developed or manufactured using cosmetic animal testing conducted or contracted for on or after November 1, 2021.
Issue 91: June 21, 2021
This Week's Spotlights
Legislative Updates - Passed State Actions
Connecticut Prohibits Possession of “Big Six African Species”
Connecticut Governor Ned Lamont has signed into law Senate Bill 925 which will prohibit the import, possession, and transport of “any specimen . . . including any part, product, or offspring thereof, or the dead body or parts thereof” of an “African elephant, African lion, African Leopard, black rhinoceros, white rhinoceros, or African giraffe.” The new law does not apply to ivory, zoos and circuses, and the production of television, motion pictures, or digital media.
Case Law Updates - Federal Case Law Updates
ASPCA Files Suit Challenging USDA’s Non-Enforcement of Animal Welfare Act
The American Society for the Prevention of Cruelty to Animals has filed suit against the United States Department of Agriculture challenging the agency’s failure to enforce standards for dog dealers under the Animal Welfare Act. According to the complaint, while there are approximately 2,000 commercial dog breeders and dealers licensed by the USDA, the agency “has imposed no statutory penalties against a licensed dog dealer since 2017.” The suit alleges violations of the Administrative Procedure Act.
Lawsuit Challenges Red Lobster’s Sustainability Claims
A proposed class of seafood consumers has filed suit against Red Lobster alleging that the company’s marketing practices are deceptive. The complaint states that while the company claims its seafood is “sourced from the highest standards,” in reality its products come from “suppliers that use environmentally destructive practices that threaten endangered populations of North American right whales” and “industrial shrimp farms that do not employ the highest environmental or animal welfare standards.”
Lawsuits Challenge Coca-Cola Brand’s Recyclable Bottle Claims
The Sierra Club and a proposed class of consumers both have filed suit against The Coca-Cola Company and Blue Triton Brands, Inc. (formerly known as Nestle Waters North America, Inc.) alleging that claims their bottles are 100% recyclable are deceptive because many plastic bottles put into recycling bins end up in landfills or are incinerated. The complaint states this “falsely informs consumers that they are making an environmentally responsible choice when they purchase and dispose of Defendants’ plastic water bottles.”
Case Law Updates - State Case Law Updates
Iowa Supreme Court Dismisses Suit Seeking to Control River Pollution from Farming
The Iowa Supreme Court has dismissed a lawsuit brought by Iowa Citizens for Community Improvement and Food & Water Watch seeking to compel farmers to reduce levels of nitrogen and phosphorus in the raccoon river. Overturning a lower court ruling, the court held that the plaintiffs did not adequately demonstrate a concrete injury to establish standing, and that “plaintiffs’ effort to repurpose the historically narrow public trust doctrine to solve a complex environmental problem presents a nonjusticiable political question.”
Legislative Updates
Passed State Actions
Maine Bans Sale of Cosmetics Tested on Animals
Maine Governor Janet Mills has signed into law House Bill 1156 which will prohibit a manufacturer from selling or offering for sale in the state a cosmetic that was developed or manufactured using cosmetic animal testing conducted or contracted for on or after November 1, 2021.
Oregon Shifts Responsibility for Emergency Animal Operations Plans
Oregon Governor Kate Brown has signed into law Senate Bill 103 which will transfer responsibility for preparation of written animal emergency operations plans to the state Department of Agriculture. The new law also mandates the Department coordinate with the state Office of Emergency Management and Department of Human Services to develop plans that “provide for animals and livestock…[and]…for the evacuation, transport and temporary sheltering of companion animals and service animals during a major disaster or an emergency.”
Texas Grants Immunity to Veterinary Care Providers in Emergencies
Texas Governor Greg Abbott has signed into law House Bill 2850 which will provide civil immunity to any certified veterinary assistant, licensed veterinary technician, or veterinarian who “in good faith and as a volunteer provides veterinary care or treatment to an injured animal” if the treatment is in response to an “incident that is man-made or natural disaster that injures, endangers, or threatens to endanger the animal;” is “at the request of the owner of the animal or authorized representative;” and “within the scope of practice and supervision” otherwise required. The civil immunity would not apply to an act or omission that is “grossly negligent or intentional misconduct.” The bill also specifies certain circumstances under which it is permissible for a veterinarian to disclose information related to an animal’s care and treatment.
Connecticut Prohibits Possession of “Big Six African Species”
Connecticut Governor Ned Lamont has signed into law Senate Bill 925 which will prohibit the import, possession, and transport of “any specimen . . . including any part, product, or offspring thereof, or the dead body or parts thereof” of an “African elephant, African lion, African Leopard, black rhinoceros, white rhinoceros, or African giraffe.” The new law does not apply to ivory, zoos and circuses, and the production of television, motion pictures, or digital media.
Case Law Updates
Federal Case Law Updates
ASPCA Files Suit Challenging USDA’s Non-Enforcement of Animal Welfare Act
The American Society for the Prevention of Cruelty to Animals has filed suit against the United States Department of Agriculture challenging the agency’s failure to enforce standards for dog dealers under the Animal Welfare Act. According to the complaint, while there are approximately 2,000 commercial dog breeders and dealers licensed by the USDA, the agency “has imposed no statutory penalties against a licensed dog dealer since 2017.” The suit alleges violations of the Administrative Procedure Act.
Lawsuit Challenges Red Lobster’s Sustainability Claims
A proposed class of seafood consumers has filed suit against Red Lobster alleging that the company’s marketing practices are deceptive. The complaint states that while the company claims its seafood is “sourced from the highest standards,” in reality its products come from “suppliers that use environmentally destructive practices that threaten endangered populations of North American right whales” and “industrial shrimp farms that do not employ the highest environmental or animal welfare standards.”
Lawsuits Challenge Coca-Cola Brand’s Recyclable Bottle Claims
The Sierra Club and a proposed class of consumers both have filed suit against The Coca-Cola Company and Blue Triton Brands, Inc. (formerly known as Nestle Waters North America, Inc.) alleging that claims their bottles are 100% recyclable are deceptive because many plastic bottles put into recycling bins end up in landfills or are incinerated. The complaint states this “falsely informs consumers that they are making an environmentally responsible choice when they purchase and dispose of Defendants’ plastic water bottles.”
State Case Law Updates
Iowa Supreme Court Dismisses Suit Seeking to Control River Pollution from Farming
The Iowa Supreme Court has dismissed a lawsuit brought by Iowa Citizens for Community Improvement and Food & Water Watch seeking to compel farmers to reduce levels of nitrogen and phosphorus in the raccoon river. Overturning a lower court ruling, the court held that the plaintiffs did not adequately demonstrate a concrete injury to establish standing, and that “plaintiffs’ effort to repurpose the historically narrow public trust doctrine to solve a complex environmental problem presents a nonjusticiable political question.”
Agency Updates
FWS Proposes to List Mount Rainier White-Tailed Ptarmigan as Threatened with 4(d) Rule
The Fish and Wildlife Service has proposed to list the Mount Rainier white-tailed ptarmigan—the smallest bird in the grouse family—as threatened under the Endangered Species Act with a 4(d) rule. The agency is accepting comments on the proposal until August 16, 2021.
CDC Restricts Entrance of Dogs from High-Risk Rabies Countries
The Centers for Disease Control and Prevented have announced a temporary suspension to the “importation of dogs from high-risk rabies-enzootic countries . . . into the United States.” The suspension goes into effect July 14, 2021. The suspension comes as the CDC also announced it was launching a multistate public health investigation after at least a dozen people were exposed to a puppy who was imported from Azerbaijan by a rescue group and later tested positive for a highly transmissible rabies variant twice eradicated in the US.
FWS Finds Listing of Temblor Legless Lizard and Santa Ana Speckled Dace May be Warranted
The Fish and Wildlife Service has responded to two petitions by finding there is substantial scientific or commercial information indicating that it may be warranted to list the Temblor legless lizard and Santa Ana speckled dace under the Endangered Species Act. The agency is thus initiating a more comprehensive status review of the species.
The US Edition of the Animal Law Digest is published weekly with the support of the Brooks McCormick Jr. Animal Law & Policy Program at Harvard Law School.