Regulating Food Retail for Obesity Prevention: How Far Can Cities Go?

5 Pages Posted: 28 Mar 2011 Last revised: 28 Apr 2015

See all articles by Paul A. Diller

Paul A. Diller

Willamette University College of Law

Samantha Graff

ChangeLab Solutions, NPLAN

Date Written: February 15, 2011

Abstract

Cities and counties have emerged as leaders in combating the United States’ obesity epidemic, adopting measures like requiring calorie postings on menu boards and providing financial incentives to full-service grocery stores. Public health advocacy groups have proposed additional policies designed to stem the rising tide of obesity. This article surveys these leading policy proposals and assesses whether local jurisdictions have the legal authority to enact them. In analyzing local authority, the article considers whether cities enjoy “home rule” as well as the potential effect of preemption by state law. The article concludes that in most states there is solid legal authority for cities and counties to adopt obesity-prevention strategies.

Suggested Citation

Diller, Paul A. and Graff, Samantha, Regulating Food Retail for Obesity Prevention: How Far Can Cities Go? (February 15, 2011). Journal of Law, Medicine and Ethics, Vol. 39, p. 89, 2011. Available at SSRN: https://ssrn.com/abstract=1791922

Paul A. Diller (Contact Author)

Willamette University College of Law ( email )

245 Winter St. SE
Salem, OR 97301
United States
503-370-6595 (Phone)

HOME PAGE: http://www.willamette.edu/wucl/faculty/profiles/diller/

Samantha Graff

ChangeLab Solutions, NPLAN ( email )

2201 Broadway, Suite 502
Suite 502
Oakland, CA 94612
United States

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