Legal strategies to increase funding and improve the fda's authority over food labeling violations and questionable claims

A significant public health challenge in the United States stems from chronic diseases related to poor nutrition and obesity, both of which are linked to diets high in processed food and beverages. The FDA is the agency responsible for the safety and labeling of processed food products.

Congress granted the FDA the authority to protect consumers and public health from misbranded products; however, the agency's enforcement authority is not uniform. In the area of food labeling, the FDA lacks particular authorities that it holds over other products or that Congress has granted to the FTC. In addition, the current labeling regulations do not match current nutrition information or are too lax and Congress has not provided the FDA with funding to address the full gamut of questionable claims. These barriers to enforcement have proven to be a great challenge to the FDA's ability to adequately address misleading claims and misbranded food. The result has been a proliferation of claims on packaged food that create a misleading impression of health.

This presentation proposes an innovative method for increased funding and increased authority for the FDA to address questionable claims on food products. It argues that Congress must grant the agency specific powers to create a deterrence-based system of enforcement in order to meet current public health challenges and adequately ensure that consumers are properly informed and protected. This presentation will appeal to lawyers and non-lawyers given the wide interest in FDA policy and food labeling laws. No legal expertise is needed.