While the FDA has been granted the power by Congress to regulate frozen foods and fruits, including pies, it’s very important to explain that these regulations were only implemented for cherry pies. There are no other similar regulations for other types of fruit pies. And there are no similar regulations for fresh pies to control the number and quality of the cherries in them. Just frozen pies, and only the cherry ones.
And so under Gottlieb and by request of the American Bakers Association (ABA), a trade association and lobbying organization, the FDA began rethinking this rule. . . .
What’s amazing about all of this, and very relevant given all the horrible foot-dragging we’ve seen from the FDA in responding to the COVID-19 pandemic, is that the petition from the ABA was submitted to the FDA in 2005. It has taken 15 years and an FDA head who was actually interested in deregulation to get rid of an obsolete rule that didn’t really serve any valuable role in protecting consumers.