Journal of Food Law & Policy

Vol. 20, No. 1 (2024)

Article

The Costs of Convenience: A Case for Regulating Online Food Marketplaces in the Public Interest

Angela Lee

As digital platforms have become more popular, including those relating to food ordering and delivery, the range of both their positive and negative impacts have become more apparent. In response, governments in various jurisdictions have made efforts at regulating such platforms, as part of their mandate of balancing complex and often competing goals in the public interest. Unfortunately, attempts at governing digital platforms to date have largely proven ineffective at checking the power of the large corporations that are behind their growth and expansion. I argue that a critical assessment of these new forms of online food marketplace further supports the need for robust regulatory oversight of digital platforms, including through enforcing existing standards established in food laws.

Article

Misinformation in U.S. Food and Agriculture: A Policy Analysis of Impacts and Recommended Solutions

Jamie Woodside

This paper aims to review the current state of play of misinformation in the U.S. food and agriculture sectors—delving into the roots of misinformation, its propagation through social media and traditional channels, and its consequences for the agricultural sector and society at large. Additionally, through an examination of existing laws, regulations, and potential legal remedies, this paper aims to shed light on the challenges posed by misinformation and offers recommendations for mitigating its harmful effects.

Article

I’m Not Lovin’ It: Re-Thinking Fast Food Advertising

Brody Shea AND Michael S. Sinha

In 1971, the Federal Trade Commission (“FTC”) and the Food and Drug Administration (“FDA”) agreed to prevent injury and deception to the consumer in advertising, detailing their respective roles in a Memorandum of Understanding (“MOU”). The MOU has been amended and an addendum added since 1971, but the material provisions have remained consistent for over a half-century. The FTC has regulatory authority over fast food advertising while the FDA regulates fast food, which creates a proverbial fork in the road. The fork in the road widens when considering the FDA has an active role in curbing the obesity epidemic through consumer education while the FTC is not concerned with public health, but rather focuses on consumer deception and misinformation. Therefore, to curb the obesity epidemic and educate the American public, the MOU between the FTC and FDA should be amended so the FDA gains primary responsibility over fast food advertising. This paper also proposes solutions to fast food advertisements, aimed at better educating and reminding the consumer of the negative consequences associated with fast food. Part I of this paper will discuss the scope and regulation of the FTC, previous enforcement proceedings against fast food advertisements, and current litigation relating to fast food advertising. Part II will then discuss potential regulations the FDA could enforce if the agency assumed regulatory authority over fast food advertising. Part III will be broken down into three sections detailing solutions: disclosing negative health reminders during advertisements, prohibiting advertisements of unrealistic products, and disincentivizing fast food advertisements in general.

Article

Developing an Efficient Regulatory Framework for Safe Street Food in Bangladesh: Lessons from Comparative Analyses with India, Thailand, and New York City, USA.

Abu Noman Mohammad Atahar Ali

Globally, approximately 2.5 billion individuals consume street food1 daily. Street food is affordable, convenient, and sometimes nutritious, offering diverse and appealing food choices. A World Health Organization (WHO) report in 1996 ascertained that 74% of countriesrecognized the substantial contribution ofstreet foods to their urban food supply The following parts of the article look into street food's impact on public health and its implications for the lives of people in Bangladesh. Subsequently, it will examine previous initiatives and current endeavors to ensure street food safety and hygiene. Following this literature review, the study will conduct a detailed examination of existing laws and the legal responsibilities of government bodies in upholding food safety. In the final part, the research will undertake a comparative analysis of legal frameworks in other countries to propose enhancements to Bangladesh's existing framework.

Article

The Dark Side of the Balloon: Restrictions on Foreign Investment in U.S. Farmland

Sarah Everhart

This Article argues that if legislators truly want to strengthen our food system, they should shift their focus from preventing foreign investment in farmland to supporting domestic investment in farmland. According to the National Young Farmer Survey, finding affordable land to buy is the top challenge for young farmers. This Article begins with examining the history of restricting foreign ownership of U.S. farmland. This Article also explores the current landscape of foreign investment in U.S. farmland and the perceived threat associated with this investment.

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