A comprehensive strategy to overhaul FDA authority for misleading food labels.

Research output: Contribution to journalArticle

Abstract

The modern food environment is considered a primary driver of obesity and other nutrition-related chronic diseases. A significant contribution to this environment is the proliferation of claims on food packaging that provides a misleading picture of a product's healthfulness. The Food and Drug Administration (FDA) is the agency responsible for food labels but it lacks the regulatory authority and adequate resources to address the majority of questionable labeling practices. The FDA's current system of enforcement is thus essentially based on voluntary compliance and consumer- and manufacturer-initiated litigation has not successfully filled the regulatory gap. This manuscript reviews the current state of food labeling claims and the FDA's inadequate authority over misbranded food products. It analyzes competing views on regulatory compliance strategies and argues that a regulatory overhaul consistent with the best science and the First Amendment is necessary. With increased resources and authority, the FDA can meet current public health challenges and adequately ensure that labels are clear and consumers are properly informed and protected.

Original languageEnglish (US)
Pages (from-to)617-647
Number of pages31
JournalAmerican journal of law & medicine
Volume39
Issue number4
StatePublished - 2013

Fingerprint

United States Food and Drug Administration
food
Food
Compliance
Food Labeling
Food Packaging
Jurisprudence
Chronic Disease
Public Health
Obesity
regulatory authority
resources
proliferation
nutrition
amendment
public health
driver
Disease
lack
science

ASJC Scopus subject areas

  • Law
  • Health(social science)
  • Medicine(all)

Cite this

A comprehensive strategy to overhaul FDA authority for misleading food labels. / Pomeranz, Jennifer L.

In: American journal of law & medicine, Vol. 39, No. 4, 2013, p. 617-647.

Research output: Contribution to journalArticle

@article{5626a9843313439d93e9ca1ed422505b,
title = "A comprehensive strategy to overhaul FDA authority for misleading food labels.",
abstract = "The modern food environment is considered a primary driver of obesity and other nutrition-related chronic diseases. A significant contribution to this environment is the proliferation of claims on food packaging that provides a misleading picture of a product's healthfulness. The Food and Drug Administration (FDA) is the agency responsible for food labels but it lacks the regulatory authority and adequate resources to address the majority of questionable labeling practices. The FDA's current system of enforcement is thus essentially based on voluntary compliance and consumer- and manufacturer-initiated litigation has not successfully filled the regulatory gap. This manuscript reviews the current state of food labeling claims and the FDA's inadequate authority over misbranded food products. It analyzes competing views on regulatory compliance strategies and argues that a regulatory overhaul consistent with the best science and the First Amendment is necessary. With increased resources and authority, the FDA can meet current public health challenges and adequately ensure that labels are clear and consumers are properly informed and protected.",
author = "Pomeranz, {Jennifer L.}",
year = "2013",
language = "English (US)",
volume = "39",
pages = "617--647",
journal = "American Journal of Law and Medicine",
issn = "0098-8588",
publisher = "American Society of Law, Medicine and Ethics",
number = "4",

}

TY - JOUR

T1 - A comprehensive strategy to overhaul FDA authority for misleading food labels.

AU - Pomeranz, Jennifer L.

PY - 2013

Y1 - 2013

N2 - The modern food environment is considered a primary driver of obesity and other nutrition-related chronic diseases. A significant contribution to this environment is the proliferation of claims on food packaging that provides a misleading picture of a product's healthfulness. The Food and Drug Administration (FDA) is the agency responsible for food labels but it lacks the regulatory authority and adequate resources to address the majority of questionable labeling practices. The FDA's current system of enforcement is thus essentially based on voluntary compliance and consumer- and manufacturer-initiated litigation has not successfully filled the regulatory gap. This manuscript reviews the current state of food labeling claims and the FDA's inadequate authority over misbranded food products. It analyzes competing views on regulatory compliance strategies and argues that a regulatory overhaul consistent with the best science and the First Amendment is necessary. With increased resources and authority, the FDA can meet current public health challenges and adequately ensure that labels are clear and consumers are properly informed and protected.

AB - The modern food environment is considered a primary driver of obesity and other nutrition-related chronic diseases. A significant contribution to this environment is the proliferation of claims on food packaging that provides a misleading picture of a product's healthfulness. The Food and Drug Administration (FDA) is the agency responsible for food labels but it lacks the regulatory authority and adequate resources to address the majority of questionable labeling practices. The FDA's current system of enforcement is thus essentially based on voluntary compliance and consumer- and manufacturer-initiated litigation has not successfully filled the regulatory gap. This manuscript reviews the current state of food labeling claims and the FDA's inadequate authority over misbranded food products. It analyzes competing views on regulatory compliance strategies and argues that a regulatory overhaul consistent with the best science and the First Amendment is necessary. With increased resources and authority, the FDA can meet current public health challenges and adequately ensure that labels are clear and consumers are properly informed and protected.

UR - http://www.scopus.com/inward/record.url?scp=84894613168&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84894613168&partnerID=8YFLogxK

M3 - Article

C2 - 24494445

AN - SCOPUS:84894613168

VL - 39

SP - 617

EP - 647

JO - American Journal of Law and Medicine

JF - American Journal of Law and Medicine

SN - 0098-8588

IS - 4

ER -