Regulating Tobacco, Alcohol and Unhealthy Foods: The Legal Issues

Policy Summary

This chapter illustrates that various public health measures aimed at tobacco, alcohol, or unhealthy foods that seem quite sensible to the governmental body adopting them may turn out in the US to be invalid. There is “adversarial legalism” in the US, and companies will fight to protect their interests. This chapter shows how effective these industries have been, using a variety of legal arguments, in convincing often badly divided courts to come out their way. Our courts are especially wedded to 21st century capitalism and generally leery of public health measures that regulate business. This is more of an exploration showing patterns of legal arguments and decisions about regulation than a piece with actionable policy relevance, but helpful framing for how the courts address issues of unhealthy food regulation. This is more of an exploration showing patterns of legal arguments and decisions about regulation than a piece with actionable policy relevance, but helpful framing for how the courts address issues of unhealthy food regulation.

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