Front-of-Package Labeling, Food Advertising, and the Legal Environment

Introduction: Law plays an important role in determining how food manufacturers promote their products and display nutritional information. Through testimony or lobbying, some food manufacturers participate in the regulatory process, with the goal of creating a legal environment that promotes their interests. Self-regulation is sometimes viewed as an alternative to governmental regulation. Food manufacturers may prefer self-regulation, which is not enforceable and may replace legally binding regulation. Methods: We employed legal research methods to identify and analyze laws, regulations, and judicial opinions at the federal, state, and local levels, with a focus on front-of-package labeling and food advertising. Our research was supplemented with a search of the gray literature (e.g., issue briefs; white papers) to identify and analyze instances in which the food industry pursued self-regulation. Results: The federal government has attempted to standardize the regulatory environment for front-of-package labeling and food advertising. At the same time, food manufacturers have developed several voluntary front-of-package labeling programs, countered proposed governmental recommendations about food advertising, and worked with state legislatures to draft legislation that will limit some states' efforts to regulate the food industry. Discussion: Food manufacturers have pursued self-regulation in multiple arenas. As the government increased its efforts to create an evidence-based front-of-package labeling system, food manufacturers increasingly supported voluntary labeling programs. They have also worked to lessen governmental influence over food advertising to children. By understanding the dynamics of self-regulation versus governmental regulation within the food industry, public health professionals can develop strategies to promote a strong, effective regulatory environment.