Legal Themes Concerning Obesity Regulation in the United States: Theory and Practice

Australian & New Zealand Health Policy, Vol. 5, p. 14, June 25, 2008

7 Pages Posted: 8 Oct 2009

See all articles by James G. Hodge

James G. Hodge

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Andrea M. Garcia

affiliation not provided to SSRN

Supriya Shah

affiliation not provided to SSRN

Date Written: 2008

Abstract

Despite national health objectives to reduce the incidence of obesity to 15% of the population by 2010, public health data suggest that the incidence of obesity in the United States is actually increasing. The U.S. recognizes that it (like other industrialized countries) faces an epidemic of obesity and related health conditions. How can U.S. jurisdictions (federal, state, and local) and the private sector respond to this epidemic through laws and policies that are directly or indirectly designed to address obesity? This article analyzes the theoretical and practical roles of law as a tool to curb obesity in the U.S. It proffers ten major legal themes to address obesity among the U.S. population, including: (1) use of incentives to encourage healthier behaviors; (2) use of financial disincentives to discourage unhealthy behaviors; (3) requirements to improve food quality, diversity, or availability; (4) compensation for injured persons seeking recourse; (5) restriction of access to unhealthy foods; (6) regulations aimed at influencing consumer choices; (7) control of marketing and advertising; (8) creation of communities that support healthy lifestyles; (9) physical education/fitness requirements; and (10) insurance coverage mandates.

Keywords: Obesity, public health, health law

Suggested Citation

Hodge, James G. and Garcia, Andrea M. and Shah, Supriya, Legal Themes Concerning Obesity Regulation in the United States: Theory and Practice (2008). Australian & New Zealand Health Policy, Vol. 5, p. 14, June 25, 2008, Available at SSRN: https://ssrn.com/abstract=1484991

James G. Hodge (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Sandra Day O'Connor College of Law
111 E. Taylor Street, MC 9520
Phoenix, AZ 85004-4467
United States
480-727-8576 (Phone)

HOME PAGE: http://https://law.asu.edu/degree-programs/public-health-law-policy

Andrea M. Garcia

affiliation not provided to SSRN

Supriya Shah

affiliation not provided to SSRN

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