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A Comprehensive Strategy to Overhaul FDA Authority for Misleading Food Labels

American Journal of Law & Medicine. Vol. 39 (2013)

37 Pages Posted: 6 Jan 2014  

Jennifer L. Pomeranz

New York University College of Global Public Health

Date Written: 2013

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. 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. It argues for a regulatory overhaul and increased resources to the agency through user fees. 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.

Keywords: public health law and policy, FDA, food, labels, misleading, claims, administrative law, regulation

Suggested Citation

Pomeranz, Jennifer L., A Comprehensive Strategy to Overhaul FDA Authority for Misleading Food Labels (2013). American Journal of Law & Medicine. Vol. 39 (2013) . Available at SSRN: https://ssrn.com/abstract=2374882

Jennifer L. Pomeranz (Contact Author)

New York University College of Global Public Health ( email )

New York, NY 10003
United States

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