‘Scaffolding’ Self-Regulation: Government Intervention in Food Industry Initiatives - The Food Pyramid Meets the Regulatory Pyramid: Responsive Regulation of Food Advertising to Children

37 Pages Posted: 5 May 2015

See all articles by Belinda Reeve

Belinda Reeve

The University of Sydney Law School

Date Written: May 4, 2015

Abstract

This chapter forms part of a thesis submitted in fulfilment of the requirements of a PhD from the Faculty of Law, University of Sydney.

This chapter explores how food industry self-regulation might be improved through government intervention. The chapter begins by describing the challenges governments face when directly regulating public health, using the US Interagency Working Group on Food Marketing to Children as a case study. This sets the scene for considering new forms of public health governance in relation to food marketing. First I explore how the Australian Federal government currently influences food industry self-regulation. I argue that the Federal government should strengthen its involvement in the scheme, while acknowledging that there are significant barriers to the introduction of statutory regulation. The next section of the chapter then considers how food industry self-regulation can be incrementally strengthened through the use of ‘regulatory scaffolds’ that improve the terms and conditions of the RCMI and QSRI and enhance their regulatory processes. Taking a responsive regulatory approach, I argue that government must threaten the food industry with escalating levels of intervention should an expanded scheme fail to reduce children’s exposure to unhealthy food advertising.

Keywords: Food marketing, self-regulation, regulatory scaffolding, responsive regulation

JEL Classification: K10, K30, K32

Suggested Citation

Reeve, Belinda, ‘Scaffolding’ Self-Regulation: Government Intervention in Food Industry Initiatives - The Food Pyramid Meets the Regulatory Pyramid: Responsive Regulation of Food Advertising to Children (May 4, 2015). Sydney Law School Research Paper No. 15/43, Available at SSRN: https://ssrn.com/abstract=2602107

Belinda Reeve (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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