Evolving Use of Law by Industries within the Food System

Law serves as a powerful tool to protect and promote population health. As new challenges arise, law can play a key role in response and mitigation. The industries that comprise the food system have raised numerous challenges to public health through their behaviors, practices, and products (e.g., the rise of obesity and chronic diseases associated with unhealthy diets). The food system includes industries that develop and market obesogenic products as well as other industries associated with food production, such as factory farming operations and food transporters. Scholars have identified innovative uses of law to address challenges posed by these industries and to create a healthier and more sustainable food environment. It is equally important, however, to understand how food system industries have used law to advance their own interests, such as the generation of profits. We used legal research and analysis to explore three areas in which food system industries have used law to further their interests. We discuss their use of litigation, including attempts to insulate themselves from litigation. We consider the law's treatment of speech rights and how food system industries have capitalized on these rights. Finally, we assess actions that food system industries have taken to foster a lax regulatory environment that allows for greater self-regulation. By understanding strategies that food system industries have used to pursue their own interests within the legal system—and the possible detrimental effects for public health—public health professionals and others can better anticipate and counter future similar efforts.