USA - Legal Implications of Food Addiction
USA
Nov 18, 2024
In the United States, both the federal and state governments have authority over food and beverages. The Food and Drug Administration (FDA) has the primary authority over the safety and labeling of both food and added ingredients, such as sugar, caffeine, and chemicals to enhance shelf-life. State governments can regulate the retail sale of consumer products through zoning and licensing. Federal and state regulation of nicotine-containing tobacco products and alcoholic beverages has attempted to moderate consumption by requiring package warning labels, instituting excise taxes, and restricting youth access. However, addictive foods and non-alcoholic beverages may provide a more difficult challenge for government regulation because no single product or ingredient has emerged as the definitive trigger for an addictive response. Further, even food ingredients of known concern, such as high levels of caffeine delivered through energy drinks, have little regulation. Additional evidence and political will is likely necessary to encourage government regulation of foods associated with addiction. As a result of outdated FDA regulations and lax enforcement, litigation may be an alternative strategy. As the science evolves and evidence comes to light, the FDA may consider revisiting some of its earlier conclusions and evaluating additional strategies to ensure a safe food supply, and the state attorneys general may consider bringing actions against food companies to address addictive foods or additives.
Author(s): Pomeranz, J. L.
Published in: Oxford University Press.
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