Throw Another Cloned Steak on the Barbie: Examining the FDA's Lack of Authority to Impose Mandatory Labeling Requirements for Cloned Beef

June 16, 2012

On December 28, 2006, the Food and Drug Administration (FDA) released Animal Cloning: A Draft Risk Assessment (“DRA”) which concludes, based on available scientific data, that cloned beef is not biologically different from non-cloned meats currently on the market. This Comment explores the FDA’s authority and jurisdiction to regulate cloned foods. First, this Comment provides background information regarding the cloning process; the FDA’s jurisdiction; the Federal Food, Drug, and Cosmetic Act; and the Organic Foods Production Act of 1990. Then, this Comment discusses how domestic and international labeling requirements for genetically modified foods might apply to cloned beef. Finally, after examining the DRA and accompanying documents, this Comment attempts to justify the FDA’s lack of authority to impose mandatory labeling requirements on cloned beef.