Federal Shipping Regulations Sank One of America’s Biggest Offshore Wind Projects

“That Reuters report doesn’t include a specific mention of the Jones Act—the century-old law that effectively bans foreign-built ships from operating between American ports, and that subsequently drives up the cost of shipbuilding and shipping in the United States—but the subtext is pretty clear. In a call with reporters a few days after the project was canceled, Ørsted CEO Mads Nipper cited “significant delays on vessel availability” caused “a situation where we would need to go out and recontract all or very large scopes of the project at expectedly higher prices.”
That’s what the Jones Act does. As Reason has reported on many other occasions, the Jones Act is a nakedly protectionist law that severely limits competition in the American shipping market by requiring that ships operating between U.S. ports are American-built, American-crewed, and American-flagged.

Building offshore wind farms requires ships that can deliver supplies to the construction site and some specialty ships that serve as a base for building the turbines. While there are plenty of ships around the rest of the world that can do that work, companies like Ørsted can’t use those ships to build wind farms in American coastal waters.”

https://reason.com/2023/12/05/federal-shipping-regulations-sank-one-of-americas-biggest-offshore-wind-projects/

FTC Fights Grocery Store Merger That May Bring Down Prices

“a Kroger-Albertsons merger would not create a monopoly in the grocery market. According to a recent report by Retail Info Systems, Walmart remains the nation’s largest grocer, controlling 17 percent of the grocery market. The second and third largest grocers are Amazon and Costco. Kroger and Albertsons are only a distant fourth and sixth with market shares of 4.4 percent and 2.2 percent, respectively.
Grocery stores have experienced a declining market share, while superstores and online competitors have grown. For example, like many traditional grocers, Kroger’s market share has declined in recent years while Walmart’s has increased. Even if Kroger and Albertsons were to merge, it’s not clear that their combined market share wouldn’t continue to decline. The merger would simply enable Albertsons and Kroger to bulk up and compete with larger competitors, like Walmart.

In addition, Kroger’s decision to sell stores in overlapping markets where Albertsons operates means the merger would not increase concentration in any market. This has traditionally been enough for the FTC.

The national grocery market is also becoming more competitive, not less. No longer limited to brick-and-mortar supermarkets and independent grocery stores, the grocery market now includes a growing assortment of e-commerce stores, like Amazon, discount grocers like Aldi and Lidl, and delivery providers like FreshDirect and Instacart. These newer market entrants have fundamentally altered grocery shopping.

The merger will heighten competition among larger competitors, which will drive down prices for consumers. While a merger would not make Kroger and Albertsons the dominant industry players, it would allow them to compete more effectively with others, putting pressure on all major retailers to keep prices low as they fight to preserve their customer base. In fact, Kroger and Albertsons have indicated that the merger will generate $500 million in new cost savings for them that they plan to use to cut consumer prices. In addition, they plan to expand their lineup of affordable store brand products and spend $1.3 billion on improving customer service at Albertsons stores.”

https://reason.com/2023/11/24/ftc-fights-grocery-store-merger-that-may-bring-down-prices/

California’s War on Fast Food Jobs

“The unions are claiming a victory for workers, but it’s not hard to guess the result. Higher prices will mean fewer customers and reduced profits. That means fewer restaurants and fewer jobs. Although the legislation only applies to fast-food chains with more than 60 outlets, it will drive up costs for mom-and-pop restaurants. They will have to compete for workers with chains that must pay a much-higher wage.
That’s not the only bad news. “Making it illegal to pay less than a given amount does not make a worker’s productivity worth that amount—and, if it is not, that worker is unlikely to be employed,” wrote famed economist Thomas Sowell. In other words, restaurants will not hire people who aren’t productive enough to justify the wage.”

https://reason.com/2023/11/24/californias-war-on-fast-food-jobs/

Bill Maher Attacks ‘the Real Deep State’ of Government Regulators, Administrators, and Zoning Officers

“Bill Maher is the latest convert to the idea that America’s addiction to regulatory process and public input is preventing us from having nice things like renewable energy and new housing.”

https://reason.com/2023/10/30/bill-maher-attacks-the-real-deep-state-of-government-regulators-administrators-and-zoning-officers/

‘A devastating financial blow’: California’s so-called ‘draconian’ fast-food bill is now law — here’s why McDonald’s franchisees say it’ll cost small business owners $250K a year

“B 1228 applies to fast-food chains with at least 60 locations nationwide — except for those that make and sell their own bread. The bill’s landmark change is a minimum wage hike to $20 per hour, almost $5 higher than the Golden State’s minimum wage of $15.50.
It would also see the establishment of a Fast Food Council to set wages and make recommendations for working conditions. The council has the power to increase the new minimum wage each year through 2029 up to 3.5% or the average change in the Consumer Price Index for urban wage earners, whichever is lower.

One key part of the bill has been removed since its proposal. Previously, AB 1228 would have made fast-food corporations jointly liable if franchisees committed labor violations, which the NOA believes could have led to “frivolous lawsuits against franchisees” that would then force the larger corporate head offices to exert more control over local operations.”

https://finance.yahoo.com/news/devastating-financial-blow-mcdonald-franchisee-163000954.html

Sales Data Indicate That Restrictions on Flavored Vaping Products Encourage Smoking

“A study found a “high rate of substitution” between vapes and cigarettes, suggesting that policies aimed at preventing underage use are undermining public health.”

https://reason.com/2023/09/29/sales-data-indicate-that-restrictions-on-flavored-vaping-products-encourage-smoking/

Fake Sudafed Is Bullshit, Just As You Suspected

“Two decades ago, it became clear that Congress was intent on trying to curtail illicit methamphetamine production by restricting access to pseudoephedrine, a meth precursor that was also widely used as a decongestant in cold and allergy remedies such as Sudafed. Pfizer, the manufacturer of Sudafed products, responded by announcing that it would start selling alternatives containing a different active ingredient: phenylephrine.”

“The main problem with phenylephrine: When taken orally, it is so thoroughly metabolized in the gut that almost none of it ends up in the bloodstream. “The new data appear compelling that the monographed dosage of oral [phenylephrine] results in no meaningful systemic exposure or evidence of efficacy,” says an FDA briefing document that was presented to the advisory committee. “Furthermore, the review suggests that higher doses…have also not shown efficacy. These findings are supported by in vitro and in vivo clinical pharmacology data showing that orally administered phenylephrine undergoes high first-pass metabolism resulting in less than 1% bioavailability.”

Legal restrictions on pseudoephedrine sales, in short, gave us reformulated products, including pseudo-Sudafed, that not only do not work as well but apparently do not work at all”

“Legal restrictions on pseudoephedrine, by contrast, took it off the shelves and put it behind the pharmacy counter, whence it can be retrieved only under certain conditions.”

“Restrictions on pseudoephedrine did affect the illicit methamphetamine trade, primarily by shifting production from small-scale U.S. operations toward large-scale Mexican traffickers. But by no means did that crimp the supply.”

https://reason.com/2023/09/13/fake-sudafed-is-bullshit-just-as-you-suspected/

The War on Fast-Food Joints

“The battlefront starts with so-called “joint employer” or “joint liability” standards, which the National Labor Relations Board (NLRB) is expected to officially impose soon. This would essentially require franchisee employees to be counted as employees of the franchisor parent corporation by holding the franchisor liable for the actions of its individual franchisees. It also would make it easier for unions to organize at the parent company level, rather than via individual franchise outlets. Progressives have been pushing for years to impose joint employer standards onto the franchise model, and the Biden administration is echoing the Obama administration in following through (after a brief hiatus during Donald Trump’s presidency).”

“Left-leaning policy makers are not stopping at the federal level, either, as states like California are also considering joint liability bills. Last year, when California passed its controversial FAST Recovery Act, which not only raised minimum wages for restaurant workers to $22 an hour but also created a 10-member Fast Food Council to oversee and regulate the entire industry, the legislation also included new joint liability rules.
The joint liability language was removed from the bill before it passed, but once the franchise and restaurant industry fought back by getting a referendum for the FAST Act to qualify for the 2024 ballot, liberal state lawmakers suddenly reintroduced a stand-alone joint liability bill. The joint liability idea is already spreading beyond the Golden State—ironically known as the birthplace of fast food—to states such as New York.”

“Being the proprietor of a franchise has long been seen as one of the preeminent—and most readily accessible—ways to achieve the American dream. Franchise ownership often requires lower startup capital compared to other types of businesses and provides training in the requisite expertise and knowledge needed to operate the business.
As a result, the franchise model is recognized as providing more opportunities for those in underrepresented communities. This is reflected in the ownership numbers, as 30 percent of franchises are minority-owner compared to only 18 percent of other types of businesses. Some have even called the franchise system “the safety net of the economy,” since a recently laid-off worker in an unrelated sector can turn around and buy a franchise and receive the guidance needed to succeed.

According to the International Franchise Association, the Obama-era version of the joint employer standard cost franchises over $33 billion annually and resulted in 376,000 lost job opportunities. Perhaps most alarmingly, it led to an over 90 percent increase in litigation against franchises.”

https://reason.com/2023/09/15/the-war-on-fast-food-joints/