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7 Va. J. Soc. Pol'y & L. 257 (1999-2000)
Frankenstein Foods of Flavor Savers: Regulating Agricultural Biotechnology in the United States and Euopean Union

handle is hein.journals/vajsplw7 and id is 265 raw text is: FRANKENSTEIN FOODS OR FLAVOR SAVERS?:
REGULATING AGRICULTURAL BIOTECHNOLOGY IN THE
UNITED STATES AND EUROPEAN UNION
Jeffrey K. Francer*
'Frankenstein Food' Faces Supermarket Ban'
INTRODUCTION
Last fall, French protesters dumped mountains of manure and
rotting vegetables outside of McDonald's restaurants throughout
France. French farmers and others accused the American restau-
rant giant of contaminating food with genetically modified crops.2
British McDonald's, also facing protests, have taken genetically
modified foods off the menu, as have the in-store brands of major
European supermarket chains.3 Perhaps more significantly, sales
of corn from the United States to the European Union (EU) have
been halted since 1997.4 EU nations barred the import of corn and
its by-products-trade that had once averaged more than 2.1 mil-
lion tons annually and accounted for almost 5 percent of all U.S.
*   Associate, Arnold & Porter, Washington, D.C. J.D., University of Virginia School
of Law, 2000; M.P.P., Harvard University, 1998; A.B., Brown University, 1993. The
author gratefully acknowledges the assistance of Professor Richard Merrill who provided
comments on earlier drafts.
1 Headline, Sunday Telegraph (London), Jan. 26, 1997, at 5.
2 See Jeffrey Kluger et. al, Food Fight: The Battle Heats Up Between the U.S. and
Europe Over Genetically Engineered Crops, Time, Sept. 13, 1999, at 42.
3 See Scott Kilman, Food Fright: Biotech Scare Sweeps Europe, and Companies Won-
der if U.S. Is Next, Wall. St. J., Oct. 7, 1999, at Al.
4 I refer to the European Union throughout this Note to refer to both the political insti-
tutions of the European Community and the EU's member states-currently Austria,
Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The
Netherlands, Portugal, Spain, Sweden, and the United Kingdom. See Treaty Establishing
the European Community, Feb. 7, 1992, O.J. (C 224) 1 (1992), consolidated in Oct. 2,
1997, O.J. (C 340) 173 (1997).

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