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This delightful @rachel_handler piece on how food mfrs use govt reg to punish competitors (and consumers) brings to mind the time the FDA told a Sicilian, who'd sold 100m cans of tomato sauce to US consumers, that he didn't know what "tomato sauce" is. https://www.grubstreet.com/2020/12/2020-bucatini-shortage-investigation.html
Rosario Raspanti was born in Palermo, Sicily, where his father ran a tomato-sauce cannery.
He learned the trade from his father and in 1913 came to the United States, where he established a canning factory in Mississippi.
He learned the trade from his father and in 1913 came to the United States, where he established a canning factory in Mississippi.
Raspanti used practically the same process and sold practically the same tomato-sauce product that his father did back in Sicily.
By 1945, Raspanti estimated he sold 100,000,000 cans of tomato sauce to happy customers in Arkansas, Louisiana, Mississippi, and Western Tennessee.
By 1945, Raspanti estimated he sold 100,000,000 cans of tomato sauce to happy customers in Arkansas, Louisiana, Mississippi, and Western Tennessee.
With the help of Raspanti's competitors, the FDA brought an action against him because...wait for it...the Sicilian's tomato sauce was too thin and he didn't spice it properly.
Raspanti testified, reasonably, that his customers both preferred an unspiced sauce (that they could season themselves), and a thinner sauce (that they could consume as-is or reduce to their taste).
One of Raspanti's competitors, also born in Palermo and who also operated a tomato-sauce cannery in Mississippi, testified on his behalf.
The second Sicilian testified that Raspanti knew what tomato sauce is, and (important for legal reasons) so did Raspanti's customers.
The second Sicilian testified that Raspanti knew what tomato sauce is, and (important for legal reasons) so did Raspanti's customers.
I can't recall if the FDA's action resulted from a complaint by one of Raspanti's other competitors, but I think that was the case.
Anyway, a long list of Raspanti's competitors sided with the FDA and testified against him.
Anyway, a long list of Raspanti's competitors sided with the FDA and testified against him.
They convinced the court that "dealers in, and consumers of, tomato products generally throughout the United States consider tomato sauce to be a spiced product containing not less than 8.37% of salt-free tomato solids."
Raspanti's "contains but 6.5% of salt-free tomato solids."
Raspanti's "contains but 6.5% of salt-free tomato solids."
So the FDA, with the help of competing manufacturers, told a successful Sicilian tomato-sauce manufacturer he didn't know what tomato sauce is, seized his product, and forced him to change his manufacturing processes, to his competitors' benefit. Fin.
https://casetext.com/case/united-states-v-254-cases-and-499-cases-etc
https://casetext.com/case/united-states-v-254-cases-and-499-cases-etc
