The Food Marketing Institute on behalf of the food retail industry did just that by achieving a landmark U.S. Supreme Court victory (6-3) in its fight to protect retailer and shopper privacy. As FMI’s counsel stated soon after the Court issued its opinion, “This case reversed decades of circuit opinions, which doesn't happen often. FMI is now a part of history."
Frank Yiannis, Food and Drug Administration (FDA) deputy commissioner of food policy and response, gave FMI’s and GMA’s joint initiative urging industry-wide adoption of standard date-label language a ringing endorsement in his recent letter to the industry, stating the agency’s strong support of food company’s voluntary efforts.
The Food Marketing Institute presented oral arguments at the U.S. Supreme Court in a case with broad implications for large and small commercial enterprises. We have asked the U.S. Supreme Court to clarify the appropriate standard for exempting store-level Supplemental Nutrition Assistance Program (SNAP) data from public release — including whether the plain meaning of “confidential” should be applied or whether businesses must prove substantial competitive harm in every instance.
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