Tech Start-Up Funding Slowdown Benefits Disney Video Games Division

Paresh Dave reported in today’s Los Angeles Times that, “A slowdown in tech start-up funding has at least one big beneficiary: Walt Disney Co.’s video games division.

“The entertainment giant is having an easier time finding partners with whom it can develop mobile games, one of its top executives said last week. Why? Up-and-coming companies are losing access to the cash needed to launch games on their own.

“‘As the venture money has dried up and exits have slowed down and valuations have come down, larger game developers that have one or two hits [but not a big stable of them] are now open to work with us in co-development,’ said Chris Heatherly, senior vice president and general manager at Disney Mobile Games.”

Today’s article indicated that, “The cool-down in venture funding has raised the possibility of a buying spree among big tech companies now that target firms might be available at a discount. A flurry of purchases has yet to materialize, but Disney’s co-development efforts highlight an alternate way large companies may be able to take advantage of the new landscape.

“Two to three years ago, video game makers wanted to furnish their own characters and stories, Heatherly said. Venture capital enabled them to spend heavily on advertising to draw consumers to their products.

“In recent months, the game developers have become more likely to come to Disney for help. The companies usually have a game they think users like, but short on cash, they require a marketing push from someone like Disney to spread the word.”

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U.S. Supreme Court: Rules on Patent Challenges

Brent Kendall reported in today’s Wall Street Journal that, “Supreme Court justices were scratching their heads Monday over new government procedures making it easier for companies or individuals to challenge patents without a long and costly fight in federal court.

“That is because the new process, which takes place at the U.S. Patent and Trademark Office, is guided by different legal standards than those followed by the courts. As a result, the Patent Office and a federal judge could each review the same patent and reach opposite conclusions.

“‘It’s a very extraordinary animal in legal culture to have two different proceedings addressing the same question that lead to different results,’ said Chief Justice John Roberts during an hourlong oral argument in a case involving a patent claim over an invention that alerts drivers when they are speeding.”

The Journal article explained that, “The case, which is being followed closely by top U.S. companies, comes after a congressional overhaul of the nation’s patent laws in 2011. The court is considering whether the patent-office rules need to conform with the legal standards in place in the courts.”

Mr. Kendall added that, “Many technology companies, including Dell Inc., Alphabet Inc.’s Google, Intel Corp. and Samsung Electronics Co., favor the new procedure as an effective way to attack patents that never should have been approved.

“Drug companies and others, such as 3M Co., Exxon Mobil Corp. and Monsanto Co., which rely on strong legal protections for intellectual property, say the process is too friendly to patent challengers and creates legal uncertainty that could chill investment in innovations.”

“A decision is expected by the end of June,” today’s article said.

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Small Farms and the Food Safety Modernization Act (FSMA)

The Washington Insider section of DTN reported today that, “In spite of their reputation for cold hearts, lawmakers and USDA regulators often show at least some signs of sensitivity. An example is lawmakers’ willingness to exclude the smallest farm operations from many of the FDA’s new requirements and rules under the Food Safety Modernization Act [FSMA].

“However, not everyone is happy with the initial approach. Some have suggested that recent outbreaks of foodborne illnesses have links to heavy reliance on local supplies. Retailers, restaurants and school districts, among others, are increasingly demanding that local products meet certain food-safety requirements, Food Safety News reports. As a result, USDA is using federal funds to help local producers comply. A new program costing nearly $5 million for food safety grants is the result.

“In addition to small and mid-sized farms, the grant program is intended to help beginning farmers, socially disadvantaged farmers, small processors, small fresh fruit and vegetable merchant wholesalers, food hubs and farmers’ markets.”

More specifically, a news release on this issue from USDA earlier this month stated that, “The grants, offered through the Food Safety Outreach Program and administered by USDA’s National Institute of Food and Agriculture (NIFA), are designed to help these stakeholders comply with new food safety guidelines established by the Food and Drug Administration under the [FSMA].”

The USDA release added that, “In fiscal year 2015, NIFA and the Food and Drug Administration (FDA) funded an infrastructure of National and Regional Centers to extend food safety education, training, and technical assistance to specific audiences affected by new guidelines established under the FSMA. In fiscal year 2016, the Food Safety Outreach Program at NIFA will build upon this established national infrastructure by focusing on the delivery of customized training for owners and operators of small farms, food processors, small fruit and vegetable wholesalers, food hubs, farmers’ markets, terminal markets, and farms that lack access to food safety training and other educational opportunities.

“This year, NIFA will fund three types of projects to help producers comply with FSMA. Pilot projects will support the development and implementation of new and potentially high-risk, high-impact food safety education and outreach programs in local communities that address the needs of small, specialized audiences from among the various target groups. Community outreach projects will focus on the growth and expansion of already-existing food safety education and outreach programs that are currently offered in local communities. Multistate Education and training projects will support the development and implementation of multi-county, state-wide, or multi-state food safety education and outreach programs where there are common food safety concerns, but the states are not necessarily located within the same regions.”

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FinTech Start-Up Looks to Tiny Investments

Telis Demos reported in today’s Wall Street Journal that, “Acorns Grow Inc. is banking on the idea that tiny investments are the future of Wall Street.

“To prove that point, the latest financial-technology upstart installed as its chief executive an ex-disc jockey turned marketing guru who has never worked in wealth management.

“The company is generating believers: PayPal Holdings Inc., Rakuten FinTech Fund and other investors contributed $30 million in venture funding last week, bringing Acorns’s total funding to $62 million raised.”

The Journal article explained that, “The Irvine, Calif., company’s mobile app allows users to make regular deposits from their bank accounts into an Acorns account that automatically invests the money in a basket of exchange-traded funds.

“The typical customer adds ‘spare change,’ as the company puts it, averaging about $50 each month, by rounding up purchases to the nearest dollar and depositing the difference. The app links to an online bank account, tracks activity on the account and invests the rounded-up change from transactions.”

Today’s article noted that, “Acorns’s plan is to build up an enormous user base, then monetize it by adding more features as users demand more services. It also plans to earn fees from marketing partners such as retailers.

“That model hasn’t always worked out in Silicon Valley, where Internet startups that built up huge audiences, like Snapchat Inc. and Twitter Inc., see valuations shrink when they are slower to deliver big revenue or profit than hoped.

“Venture investments in startup U.S. retail investment services dropped from $317 million in 2014 to $152 million last year, according to Dow Jones VentureSource.”

The Journal article added that, “Nevertheless, Acorns’s business model is enough to put it on banks’ radar, many of which are desperate to figure out ways to attract and generate more revenue from customers, especially young ones just starting their financial lives.”

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Organic Crop Production, Iowa State Budget Estimates

Earlier this month, the Iowa State University (ISU) Extension Service provided a closer look at the potential costs and returns of organic crop production.

More specifically, the ISU update (“Organic Crop Production Enterprise Budgets“) stated that, “An enterprise budget is an estimate of the costs and returns to produce a product (enterprise). For example, a conventional Iowa corn and soybean producer would be interested in developing both a corn and soybean enterprise budget. Organic growers may have three to six different products they wish to develop budgets for depending upon the number of crops within their rotation. These budgets reflect a four-year rotation of corn, soybeans, oats with alfalfa, and a second year of alfalfa as the crops. Changing the rotation to include a second year of corn after soybeans for example would affect the corn budget described here.

“Why use enterprise budgets? In economic terms, enterprise budgets help to allocate land, labor and capital, which are limited, to the most appropriate use. The most appropriate use is defined by the person in control of the resources and may be used to maximize profits, minimize soil loss, or to achieve other goals.

“The estimated costs and returns illustrated are based on a long-term study located at an Iowa State University research farm in southwestern Iowa.”

The ISU budget summary did note that, “The illustrated budgets are to be used as an indication of what a particular crop could average over time and location. Individual farm results will vary from these numbers based on soil types, location to markets, availability to sources of manure and managerial ability, among other considerations.”

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Waters of the U.S. Rule: Focus of Senate Debate, and Court Ruling

A news release yesterday from Sen. John Hoeven (R., N.D.) indicated that, “[Sen. Hoeven] today spoke on the Senate floor ahead of a vote on his legislation to defund the Environmental Protection Agency’s (EPA) Waters of the U.S. rule, which would prevent its implementation. The senator stressed the rule’s severe impacts and excessive scope, as well as the agency’s lack of legal authority to issue such a broad regulation. The measure, which was offered as an amendment to the Energy and Water Development Appropriations bill, was supported by strong majority of the Senate, though it did not achieve the 60 votes required for passage; the final vote was 56 to 42.

“‘The EPA’s attempt to expand its reach through the Waters of the U.S. rule is the number one regulatory threat and a real problem for our farmers and ranchers,’ Hoeven said. ‘Further, there is a fundamental principle about how our government works at stake. The EPA has sought through administrative fiat to seize authority that legally belongs to Congress, not an executive agency. While I am disappointed that the vote failed, I will continue my work to stop this burdensome regulation through the appropriations process.'”

Also with respect to this amendment, Sen. Roy Blunt (R., Mo.) stated yesterday during the floor debate that, “Navigable waters have seemed to be a Federal responsibility since the 1840s in law, in bills that have passed the Congress. So in the early 1970s, the Clean Water Act was passed, and the EPA was formed. The Clean Water Act said the EPA will have jurisdiction over navigable waters. But with this outrageous waters of the United States rule, the EPA wants to now define ‘navigable waters’ as basically all the water in the country.

“They want to say it is any water that can run into any water that can run into any water. I don’t know how many iterations of that there would be that can run into any water that eventually runs into navigable water. There is a case before the Supreme Court right now where the EPA is challenging a company in Minnesota based on navigable waters. The location they are challenging is 120 miles away, by no argument, from the nearest thing that anybody would truly consider a navigable water.”

Sen. Blunt added that, “In my State, anything that would meet the EPA definition of what could be the definition of their new sense of waters of the United States covers 99.7 percent of the State.”

On the other hand, Sen. Ben Cardin (D., Md.) provided this background on the issue yesterday: “It was for all those reasons that we passed the 1972 Clean Water Act. We understood the enforcement of the waters that were regulated under the 1972 Clean Water Act. It was based upon best science.

“Science told us what we needed to do in order to have clean water—clean water for our environment, clean water for safe drinking water—and it was well understood until a Supreme Court decision. That decision in 2006, known as the Rapanos decision, was a 5-to-4 decision of the Supreme Court, which remanded the case, but it was a 4-to-4 decision on the merits of the case. Since that time, there has been uncertainty as to what bodies of water can be regulated under the Clean Water Act. So this was a situation caused by the ambiguity of the Supreme Court case. It is interesting that the decision on the merits was 4-to-4, as we are now debating whether we are going to have a full Supreme Court in order to make decisions that affect the clarity of law in this country.

“The Rapanos decision sent back to the lower courts a decision on how to decide this. Since that time, there has been uncertainty as to what bodies are legally regulated under the 1972 Clean Water Act. Remember, this was 2006. The easiest way to resolve this was for Congress to pass a law clarifying the Clean Water Act, but Congress has chosen not to do that. So the Obama administration has done what it should do, using its power to promulgate a regulation that would provide clarity as to which bodies of water are regulated. Guess what. They have done that in a way that is consistent with how the law was enforced prior to the Rapanos decision—without much complaint before the Rapanos decision. It basically goes back to best science and tells us logically what needs to be regulated. That is what this rule would do: Protect our clean water.”

And Sen. Richard Durbin (D., Il.) noted that, “Attempts to roll back the clean water rule will not only return us to a patchwork of water protections that make it difficult for businesses, farmers, and others to know whether water ways are covered by the law. It will also risk one of our greatest commodities that supports agriculture, recreation, tourism, and energy production.”

Separately on the Waters of the U.S. Rule, a news release yesterday from Sen. Heidi Heitkamp (D., N.D.) stated that, “[Sen. Heitkamp] pressed witnesses at a Senate hearing about the need for her bipartisan bill to do away with the Environmental Protection Agency’s (EPA) overbroad Waters of the U.S. rule.

“During a U.S. Senate hearing on the role of government regulators, Heitkamp underscored the need for Congressional legislative action to provide predictability to farmers and ranchers, like her bipartisan bill to fix the Waters of the U.S. rule. Heitkamp reinforced that to address the challenges with the Waters of the U.S. rule, Congress needs to legislate so that federal agencies have the direction they need to develop better regulations.

“Last year, Heitkamp helped introduce a strong and comprehensive bipartisan bill – which she worked with Republican and Democratic senators on since early 2014. Her bill offers a compromise fix by doing away with the harmful Waters of the U.S. rule and sending it back to the EPA for the agency to redo so it takes into account the concerns of farmers and ranchers.”

The judicial branch was also active on the Waters of the U.S. Rule yesterday.

Politico’s Morning Agriculture reported today that, “A federal appeals court stood by its decision that challenges to the Obama administration’s controversial water rule belong with it, rather than having to first go through district courts. The Cincinnati-based 6th Circuit Court of Appeals on Thursday denied petitions from states, industry groups and property rights activists opposing the Waters of the U.S. rule that asked that the court to rehear arguments on the question. Those groups argued that under the Clean Water Act, challenges to the rule must begin in district court. In February, a three-judge panel issued a splintered 2-1 opinion ruling that the challenges belong with it, although the concurring judge said he disagreed with the decision but felt bound by precedent. Opponents of the rule, also known as the Clean Water Rule, hoped that could open the door for a rehearing before the full court.”

The court’s decision from yesterday can be read here.

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Lawsuit Regarding Chipotle GMO Use Moves Forward

Julie Jargon reported yesterday at The Wall Street Journal Online that, “A lawsuit accusing Chipotle Mexican Grill Inc. of deceiving customers with claims that its food is free of genetically modified organisms can move ahead, a federal judge has ruled.

“The case, filed in U.S. District Court in the Southern District of Florida in September and seeking class action status, claims that Chipotle misled consumers in ads saying its food is GMO-free. Chipotle’s meat and dairy products come from animals that consume genetically modified feed, the suit alleges. A Miami judge on Wednesday rejected Chipotle’s motion to dismiss the lawsuit. A trial date is set for November.”

The Journal article noted that, “Chipotle last year thrust itself into the controversy over GMOs when it said it would become the first national restaurant company to use only non-GMO ingredients.”

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Entrepreneurs Face Opportunity- and Challenge- as Retailers Turn to Start-Ups to Fulfill Demand for Locally Grown Food

Amy Haimerl reported today at The New York Times Online that, “Cowgirl Creamery, a small food producer in Marin County, Calif., was elated when Whole Foods came calling to buy Cowgirl’s organic triple-cream cheese for 45 of its stores. After five years of selling shop to shop, the entrepreneurs behind the company finally had their first big order. To meet the new production demands, they borrowed $200,000 to build new aging rooms for the cheese.”

The Times article indicated that, “Other companies too have learned that the excitement of the ‘Whole Foods effect’ can quickly turn to fear as they face producing and distributing their recipes at larger volumes while maintaining quality and consistency. And most critically, they have to find the money to pay for the expansions.

“It’s an opportunity — and challenge — that more entrepreneurs are confronting as retailers turn to start-ups and small businesses to fulfill consumer demand for locally grown food.

“The percentage of customers buying these products rose to 25 percent in 2013, from 13 percent in 2007, according to a recent report from the Food Marketing Institute in Arlington, Va.”

The article pointed out that, “Local food sales could hit $20 billion by 2019, up from $5 billion in 2008, the research firm Packaged Facts predicts. The success of the local food movement has drawn backing from Tom Vilsack, the secretary of agriculture, as well as from environmental groups and food enthusiasts. Even traditionally commoditized food products like milk are burnishing local bona fides.

“Whole Foods has driven much of the demand for such products at the national level. The company employs ‘local foragers’ tasked with finding new products. It also offers a loan fund to help vendors cover the costs of growth. Since 2007, it has lent nearly $20 million to 247 recipients, with an average interest rate of 5 percent.”

“But as demand has grown, so has the number of major retailers seeking such products for their shelves. Kroger has created partnerships with several state ‘buy local’ programs and Costco recently started a loan program for organic farmers who need capital to meet growth targets,” the article said.

Recall that last year, Wall Street Journal writers Annie Gasparro and Leslie Josephs reported that, “Whole Foods may not dominate specialty-foods retailing the way it once did, but for startups targeting Americans’ growing hunger for natural and organic fare, it remains the ultimate gatekeeper. Its imprimatur can open the way not only to Whole Foods’ more than 400 stores, but to bigger retailers who covet the cachet of brands carried at Whole Foods, entrepreneurs say.

“As a result, small companies are willing to do a lot to get into Whole Foods and stay there—from changing recipes and tweaking packaging to selling certain products exclusively through the chain.”

The Journal article added that, “Meeting Whole Foods’ druthers can be expensive. Kate McAleer, founder of Bixby & Co., which supplies candy bars to Whole Foods, says certifications cost at least $10,000 a year—a hefty sum for her company, which she expects to break even this year. And Whole Foods lists roughly 80 “unacceptable” ingredients including vanillin, bleached flour, and aspartame that must be removed from products seeking to appear on its shelves.”

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House Appropriations Committee Passes Ag Spending Measure

A news release from the House Appropriations Committee yesterday indicated that, “The House Appropriations Committee today approved the fiscal year 2017 Agriculture Appropriations bill. The proposed legislation funds important agricultural and food programs and services, including food and medical product safety, animal and plant health programs, rural development and farm services, marketplace oversight, and nutrition programs.

“The bill totals $21.3 billion in discretionary funding, which is $451 million lower than the fiscal year 2016 enacted level and $281 million below the President’s budget request. The legislation targets funding to programs to provide the most benefit to the American people and the U.S. economy, while reducing funding for inefficient, wasteful, or lower-priority programs and agencies. In addition, the bill contains several policy provisions to rein in unnecessary and burdensome regulations that harm U.S. food producers and that impede growth in important U.S. industries.”

According to a summary of the measure, “The legislation provides $1.51 billion for FSA, which is the same as the fiscal year 2016 level. This funding will continue support for various farm, conservation, and emergency loan programs, and will help American farmers and ranchers with the implementation of the farm bill.”

In addition, “The bill provides $868 million to help farmers, ranchers, and private forest landowners conserve and protect their land. This includes $12 million for infrastructure rehabilitation to help small communities meet current safety standards for watershed projects.”

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General Mills, Campbell Soup, Among “Old-Economy” Companies That Have Created Venture Capital Funds

Randall Smith reported on the front page of the business section in yesterday’s New York Times that, “At first glance, the maker of Cheerios and Cocoa Puffs might not fit the image of a cutting-edge venture capital investor.

“But with the food business moving to healthier offerings and online distribution, General Mills has created a venture capital unit that recently led a $3 million investment in Rhythm Superfoods, a specialty start-up that makes kale chips and broccoli crisps.

“General Mills, based in Minneapolis, is part of an increasing number of old-economy companies, including the convenience chain 7-Eleven and the Campbell Soup Company, that have joined a crowd of technology companies to create venture capital funds. Through them, they scout for new products or services and promising potential business partners.”

Mr. Smith explained that, “Since 2011, the number of companies making venture capital investments has risen 79 percent, to 801 globally, according to Global Corporate Venturing, a data provider. The ranks include Verizon Ventures, Volvo Group Venture Capital, Chevron Venture Capital, Pfizer Venture Investments and Blue Cross Blue Shield Venture Partners.

“Even as total venture capital investment more than doubled from 2011 to 2015, to $58.8 billion, the amount invested by corporate venture funds quadrupled to $7.6 billion in the same period, according to the National Venture Capital Association. Corporate funds make up 12.9 percent share of the total, the highest since 2000.”

The Times article pointed out that, “For many company funds, financial gain is less important than finding the next big idea.”

Yesterday’s article added that, “For General Mills, which has also invested in the plant-based food maker Beyond Meat and two other start-ups, the venture capital fund is a way to keep pace with the growing number of small food brands that have found consumer success, especially online.”

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