“The Food and Drug Administration (FDA)..announced that it is permanently loosening restrictions on the abortion-inducing drug mifepristone, allowing women to receive it by mail after a telemedicine session. The FDA had already used its enforcement discretion to allow that practice for the duration of the COVID-19 pandemic. The new policy preserves the option, which will play an increasingly important role as many states impose new restrictions on abortion, especially if the Supreme Court decides that the Constitution does not protect access to the procedure after all.
The FDA first approved mifepristone, a.k.a. RU-486 and Mifeprex, in 2000. The standard protocol for a medical abortion currently involves a dose of mifepristone, which thins the lining of the uterus by blocking the effects of progesterone, followed one or two days later by a dose of misoprostol, which causes uterine contractions. The FDA has approved the use of that regimen up to 10 weeks into a pregnancy. In 2019, according to the Centers for Disease Control and Prevention (CDC), 79 percent of abortions in the United States were performed at nine weeks or earlier.
The FDA originally required that mifepristone be dispensed in person by a medical provider. An FDA-approved research project launched in 2016, the TelAbortion Study, aimed to assess the safety and efficacy of prescribing the drug based on “a video evaluation over the internet.” The program expanded during the pandemic, eventually including 17 states and the District of Columbia. According to a TelAbortion report published last March, covering nearly 1,400 packages of pills mailed from May 2016 through September 2000, “this direct-to-patient telemedicine service was safe, effective, and acceptable, and supports the claim that there is no medical reason for mifepristone to be dispensed in clinics as required by the Food and Drug Administration.””
“Mexico’s controversial, year-old, mandatory, front-of-package food warning label law was supposed to help Mexicans make healthier food choices and slash sky-high obesity rates in the country.
The law, which took effect one year ago this week, “requires black informational octagons to be placed on packaged foods that are high in saturated fat, trans fat, sugar, sodium[,] or calories.” Other requirements include that any food which must bear the dreaded black octagon “cannot include children’s characters, animations, cartoons, or images of celebrities, athletes[,] or pets on their packaging.”
Many food producers inside and outside Mexico opposed the labeling law, arguing it’s misleading, burdensome, and paternalistic. The Mexican government, though, claimed the law would lead Mexicans to eat 37 fewer calories per day, which would theoretically result in an average Mexican losing nearly four pounds per year. Some outside Mexico supported the labeling scheme, too. Last year, for example, a World Health Organization (WHO) regional office gushed over the black octagons and gave the Mexican government an award, calling the labels a “public health innovation” that is the “most advanced and comprehensive regulation worldwide.”
But early returns suggest the law’s impact has been negligible at best.
“More than a year after Mexico’s food warning label law took effect, sales of junk food and sugary beverages have not declined significantly, according to a market research firm and a business group,” Mexico News Daily reported last week. “In fact, sales of unhealthy products have increased in some cases, data shows.”
That’s the conclusion of a Mexico-based market research group, Kantar México, which tracks food purchases made by thousands of Mexican households each week. Mexico News Daily also notes that a Mexican government agency says purchases of treats such as candy, chocolates, and soda were higher this past September than they were in September 2020—the same month the WHO rewarded the Mexican government for its purportedly innovative efforts.
Despite the fact the law’s not working as advocates hoped and claimed it would, last week’s Mexico News Daily report notes a Mexican government official praised the labeling scheme as a success because “[c]onsumers are now more informed and empowered to make better choices.””
“Detroit’s city council introduced new rules that will allow food trucks to operate in more parts of the city beginning next spring.
“From an equity standpoint and from a food access standpoint, we believe food trucks should be able to operate in public spaces across the city,” city councilor Raquel Castañeda-Lopez, who introduced the measure, told the Detroit Free Press.”
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“While words such as “fairness and harmony” and “equitably” make for a nice word salad, they mask the true, protectionist spirit underlying the new ordinance.
“Food trucks must be 200 feet away from existing restaurants and 300 feet from entertainment and sports arena areas,” the Freep report indicates, also noting that food trucks may no longer operate after 11 p.m. That’s progress?
Maybe to Larson, whose nebulous, we kinda sorta like it remarks aren’t a huge surprise, given that Downtown Detroit Partnership’s member list includes a host of giant companies and traditional food-truck opponents—including brick-and-mortar restaurateurs and the realty groups that rent space to them.
Indeed, in discussions of expanding food truck access to other parts of Detroit—or any city or town in America—the devil’s in the details.”
“Since 2014, state and local governments have filed thousands of lawsuits against pharmaceutical companies they blame for causing the “opioid crisis” by exaggerating the benefits and minimizing the risks of prescription pain medication. The theory underlying these cases is pretty straightforward: Drug manufacturers lied, and people died.
Two recent rulings—one by a California judge, the other by the Oklahoma Supreme Court—show how misleading this widely accepted narrative is. Both decisions recognize that undertreatment of pain is a real problem and that bona fide patients rarely become addicted to prescription opioids, let alone die as a result.”
“In what might seem like a Christmas miracle come early, the San Francisco Board of Supervisors is considering not one, but two, bills that would legalize lower density “missing middle” housing across the city.
Competing proposals introduced by Supervisors Gordon Mar and Rafael Mandelson would both allow the construction of four-unit homes (or fourplexes) on all residentially zoned land citywide. Combined with state-level reforms from earlier this year that make it easier to divide residential plots in half, both bills could theoretically allow up to eight primary residences where only one was permitted before.”
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“Unfortunately, the two proposals also include micromanaging regulations that would lead to less missing middle housing being built than a more hands-off free-market approach would produce.
Mar’s bill would permit up to four units of housing on all current Residential House zones, which currently allow between one and three homes. That sounds like a pretty sweeping reform. But there’s a catch.
Mar’s bill would require the new units to be rented out or sold at rates that are affordable to someone making 100 percent of “area median income.” The San Francisco Chronicle, which first reported on the bill, notes that the current area median income in the city is $106,550 for a couple or $133,200 for a family of four.
Affordable monthly rent for a family making that amount of money would shake out to be $2,664, according to a press release from Mar’s office—$2,000 less than pre-pandemic market-rate rents for a typical two-bedroom apartment.”
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“Consider what happened in Austin, Texas. In 2019, the city technically abolished single-family-only zoning when it created the Affordability Unlocked program, which allows developers to build larger projects with more units and fewer parking spaces in exchange for making the new homes affordable to lower-income people. Specifically, it allows the construction of up to eight units of housing in single-family-zoned areas. But to build those extra units, a developer would have to make as much as 75 percent of the new units affordable to people earning below area median income, include a certain number of two-bedroom units, and adopt a host of tenant protections.
As a result, few Affordability Unlocked projects have been built in single-family zones. Those that have required substantial subsidies from the city government.”
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“Mandelman’s fourplex legalization bill looks like laissez faire in comparison. It allows the construction of fourplexes citywide, without any of the affordability requirements in Mar’s bill.
Nevertheless, it would require newly legal fourplexes to be built at densities no larger than what the city’s current zoning allows for three-unit homes. (Mar’s proposal has the same density restrictions.) According to Hamilton, that means Mandelman’s bill is more suited for permitting triplexes than the fourplexes it technically allows.”
“On November 4, the United Kingdom’s regulatory authorities approved molnupiravir as a treatment for COVID-19 infections. Meanwhile, the U.S. Food and Drug Administration (FDA) continues to dawdle over approving medications that were so effective that independent Data Monitoring Committees ruled that it would be unethical to continue giving placebos to study participants.
Speaking of dawdling, the FDA has long stymied the development and roll out of another vital component for the effective use of these antiviral medications: namely, at-home COVID-19 testing. Both pills must be taken by people within 3 to 5 days of exposure or symptom onset to be most effective at preventing hospitalization and death. That means that people need to be able to test themselves quickly, easily, and cheaply.
Up until mid-October, the FDA had approved only two over-the-counter at-home COVID-19 diagnostic tests, one of which has now had to be recalled. In the last month and a half, agency regulators have finally gotten around to authorizing nine more.”
“Note, however, the bill stipulates that it only covers firms that are over the $600 billion line “as of the date of enactment.” In other words, if a company has a market cap under $600 billion on the day the bill becomes law, then that company is permanently exempt—even if it later crosses the threshold.
Two companies that are currently under the $600 billion line and thus exempt from the bill are mega-retailers Target and Walmart. These companies are both worth hundreds of billions of dollars, and their e-commerce platforms are growing at a faster rate than Amazon’s. But under the Klobuchar/Cotton law, it wouldn’t matter if Target and Walmart overtake Amazon—they would be immune from this new antitrust action, as long as they are small enough on the day the bill is signed.
Readers may be interested to note that Target is headquartered in Minneapolis, Minnesota. Walmart is headquartered in Bentonville, Arkansas. Isn’t that interesting? It’s probably just a coincidence that the $600-billion-at-date-of-enactment provision would shield the two most important companies in Klobuchar and Cotton’s home states.”
“In May, the Lone Star State raised the minimum legal age for working in a sexually oriented business from 18 to 21.”
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“Since the new law passed, adult businesses in Texas have laid off “droves” of 18- to 20-year-old workers, according to the Texas Entertainment Association (TEA), an organization that represents the interests of sex-oriented businesses and one of the plaintiffs challenging S.B. 315. Kevin Richardson, a TEA member who owns five adult cabarets, told the court he had to lay off more than 700 people due to the new law.
Evanny Salazar is one of the young adults who lost a job after S.B. 315 reclassified her as a child. Salazar “worked at two adult cabarets in San Antonio, Texas, where she earned about $1,000 a night” and did not witness any human trafficking, U.S. District Judge Robert Pitman noted in a July ruling. “Before she worked as an exotic dancer, Salazar was homeless and lived in her car,” he wrote. “Her job at the adult cabarets allowed Salazar to obtain housing and cover her living expenses. Since losing her job as an exotic dancer, Salazar has become homeless again and works for Door Dash [sic], where she makes about $30 a night.””
“Texas Gov. Greg Abbott, who..signed a bill that aims to restrict social media platforms’ editorial discretion, says the new law “protects Texans from wrongful censorship” and thereby upholds their “first amendment rights.” The law, H.B. 20, is scheduled to take effect on December 2, but that probably will not happen, because it is blatantly unconstitutional and inconsistent with federal law.
Abbott, a former Texas Supreme Court justice who served as his state’s attorney general from 2002 to 2015, presumably knows that. But whether he is sincerely mistaken or cynically catering to his party’s base, H.B. 20 reflects widespread confusion among conservatives about what the First Amendment requires and allows.”
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“the First Amendment applies to the government and imposes no constraints on private parties.
To the contrary, the First Amendment guarantees a private publisher’s right to exercise editorial discretion. The Supreme Court emphasized that point in a 1974 case involving a political candidate’s demand that The Miami Herald publish his responses to editorials that criticized him.
The constitutional protection against compelled publication does not disappear when we move from print to the internet, or from a news outlet to a website that invites users to post their own opinions. As Justice Brett Kavanaugh noted when he was a judge on the U.S. Court of Appeals for the D.C. Circuit, “the Government may not…tell Twitter or YouTube what videos to post” or “tell Facebook or Google what content to favor.”
Yet that is what H.B. 20 purports to do. The law says “social media platforms” with more than 50 million active monthly users in the U.S. may not “censor” content based on the “viewpoint” it expresses. That edict covers any effort to “block, ban, remove, deplatform, demonetize, de-boost, restrict, deny equal access or visibility to, or otherwise discriminate against expression.”
H.B. 20 makes a few exceptions, including “expression that directly incites criminal activity” and “specific threats of violence” that target people based on their membership in certain protected categories. But otherwise the rule’s reach is vast: As two trade organizations note in a federal lawsuit they filed last week, H.B. 20 “would unconstitutionally require platforms like YouTube and Facebook to disseminate, for example, pro-Nazi speech, terrorist propaganda, foreign government disinformation, and medical misinformation.””
“The Seattle City Council might have found a clever way around Washington state’s ban on local rent control policies. On Monday, it passed two bills that respectively require landlords to give generous notice to their tenants of any rent increases and to provide relocation expenses to low-income renters who do move in response to large rent hikes.
Current city and state law require landlords to give their tenants 60 days’ notice of any rent increase. One bill passed by the council would increase that notification period to 180 days, likely the longest notification period in the country.
And if a low-income tenant decides to move in response to a rent increase of 10 percent or more, landlords will be obligated to provide them with “economic dislocation relocation assistance” equal to three months’ rent, thanks to another bill passed by the council on Monday.
Both are the handiwork of Councilmember Kshama Sawant, a member of the Socialist Alternative party, who argues the twin bills are needed to protect tenants from a post-pandemic upswing in rents—and from capitalism more generally.
“Today’s victories will benefit tens of thousands of renters in Seattle, who are facing skyrocketing rent increases from profit-hungry corporate landlords and the venture capitalists and big banks who are [fueling] a speculative bubble,” said Sawant after the bills passed.
Landlords were less pleased with the bills’ passage, arguing during public comment that they’d raise their costs of doing business and are, per the Seattle Times, tantamount to rent control.
That latter charge could open up the new bills to legal challenges.
Washington state law preempts municipal governments from enacting laws “which regulate the amount of rent to be charged” and instead reserves that power under the state government.”