Enticing Business to Create a Healthier American Diet: Performance-Based Regulation of Food and Beverage Retailers

Improving the American Diet, Forthcoming

UC Berkeley Public Law Research Paper No. 2310728

32 Pages Posted: 22 Oct 2013

See all articles by Stephen D. Sugarman

Stephen D. Sugarman

University of California, Berkeley - School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: August 15, 2013

Abstract

The American public could enjoy a much healthier diet if we enticed food and beverage retailers (stores and restaurants) to reduce substantially the calories, added sugar, sodium, and saturated fat that pass through their cash registers – say, a twenty-five percent reduction in sugar, salt and fat and a ten percent reduction in calories. Rather than ordering firms to make specific changes in what they sell, this strategy – called performance-based regulation – leaves industry to figure out what is the best way to transform the American diet in a positive way. Because it calls for real changes in outcomes, this regulatory strategy could be far more effective than information disclosure policies that rely on consumer choices, and because it does not require adding extra cost to the price of food and beverages, it could be politically far more attractive than taxing unhealthy foods. Appealing to both conservative and liberal values, instead of relying on the professional expertise of public health regulators, performance-based regulation enlists America’s large food retailers to serve the public good – or suffer substantial financial penalties for failing to do so.

Suggested Citation

Sugarman, Stephen D., Enticing Business to Create a Healthier American Diet: Performance-Based Regulation of Food and Beverage Retailers (August 15, 2013). Improving the American Diet, Forthcoming; UC Berkeley Public Law Research Paper No. 2310728. Available at SSRN: https://ssrn.com/abstract=2310728

Stephen D. Sugarman (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States
510-642-0130 (Phone)
510-643-2672 (Fax)

HOME PAGE: http://www.law.berkeley.edu/faculty/sugarmans

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