LEGAL STRATEGIES IN
CHILDHOOD OBESITY
PREVENTION
Workshop Summary
Lynn Parker, Matthew Spear, Nicole Ferring Holovach, and
Stephen Olson, Rapporteurs
Standing Committee on Childhood Obesity Prevention
Food and Nutrition Board
INSTITUTE OF MEDICINE
OF THE NATIONAL ACADEMIES
THE NATIONAL ACADEMIES PRESS
Washington, D.C.
THE NATIONAL ACADEMIES PRESS 500 Fifth Street, N.W. Washington, DC 20001
NOTICE: The project that is the subject of this report was approved by the Governing Board of the National Research Council, whose members are drawn from the councils of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine. The members of the committee responsible for the report were chosen for their special competences and with regard for appropriate balance.
This study was supported by Grant No. 61747 between the National Academy of Sciences and The Robert Wood Johnson Foundation. Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view of the organizations or agencies that provided support for this project.
International Standard Book Number-13: 978-0-309-21019-5
International Standard Book Number-10: 0-309-21019-4
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Copyright 2011 by the National Academy of Sciences. All rights reserved.
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Suggested citation: IOM (Institute of Medicine). 2011. Legal Strategies in Childhood Obesity Prevention: Workshop Summary. Washington, DC: The National Academies Press.
“Knowing is not enough; we must apply.
Willing is not enough; we must do.”
—Goethe
INSTITUTE OF MEDICINE
OF THE NATIONAL ACADEMIES
Advising the Nation. Improving Health.
THE NATIONAL ACADEMIES
Advisers to the Nation on Science, Engineering, and Medicine
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PLANNING COMMITTEE FOR A WORKSHOP ON LEGAL STRATEGIES IN CHILDHOOD OBESITY PREVENTION*
KELLY BROWNELL (Chair), Professor, Department of Psychology, Professor of Epidemiology and Public Health, and Director, Rudd Center for Food Policy and Obesity, Yale University
WILLIAM DIETZ, Director, Division of Nutrition, Physical Activity, and Obesity, Centers for Disease Control and Prevention
ROBERT GARCIA, Executive Director, The City Project, Los Angeles
MARY STORY, Professor, Division of Epidemiology and Community Health Associate, University of Minnesota School of Public Health
STEPHEN TERET, Associate Dean for Faculty and Education and Professor, Johns Hopkins Bloomberg School of Public Health
JOSEPH THOMPSON, Director, The Robert Wood Johnson Foundation Center to Prevent Childhood Obesity, and Surgeon General, State of Arkansas
Study Staff
LYNN PARKER, Scholar
NICOLE FERRING HOLOVACH, Research Associate
MATTHEW SPEAR, Program Associate
ANTON BANDY, Financial Associate
GERALDINE KENNEDO, Administrative Assistant
LINDA MEYERS, Director, Food and Nutrition Board
_____________
*Institute of Medicine planning committees are solely responsible for organizing the workshop, identifying topics, and choosing speakers. The responsibility for the published workshop summary rests with the workshop rapporteurs and the institution.
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Reviewers
This report has been reviewed in draft form by individuals chosen for their diverse perspectives and technical expertise, in accordance with procedures approved by the National Research Council’s Report Review Committee. The purpose of this independent review is to provide candid and critical comments that will assist the institution in making its published report as sound as possible and to ensure that the report meets institutional standards for objectivity, evidence, and responsiveness to the study charge. The review comments and draft manuscript remain confidential to protect the integrity of the process. We wish to thank the following individuals for their review of this report:
JESSICA DONZE BLACK, Alliance for a Healthier Generation
TRACY FOX, Food, Nutrition & Policy Consultants, L.L.C.
RUSSELL PATE, University of South Carolina
STEPHEN SUGARMAN, University of California, Berkeley
Although the reviewers listed above have provided many constructive comments and suggestions, they did not see the final draft of the report before its release. The review of this report was overseen by HUGH TILSON, University of North Carolina, Chapel Hill. Appointed by the Institute of Medicine, he was responsible for making certain that an independent examination of this report was carried out in accordance with institutional procedures and that all review comments were carefully considered. Responsibility for the final content of this report rests entirely with the workshop rapporteur and the institution.
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Contents
The Potential of Legal Strategies
2 LEGAL APPROACHES IN OTHER AREAS
3 ACTIONS BY FEDERAL AGENCIES: A FOCUS ON FOODS AND BEVERAGES
Initiatives by the Federal Trade Commission
Initiatives by the Food and Drug Administration
4 PERSPECTIVES FROM THE FOOD INDUSTRY
The Perspective of the Grocery Industry
The Perspective of the Restaurant Industry
5 USING REGULATIONS AND TAXES TO PREVENT OBESITY
The Use of Regulations to Change Food and Beverage Consumption
6 USING THE LAW TO INCREASE PHYSICAL ACTIVITY
Legal Approaches to Increase Physical Activity in Communities
Physical Activity as a Civil Rights Issue
7 USING LITIGATION TO CHANGE POLICIES AND PRACTICES
Legal Strategies for Obesity Prevention
Using Litigation and the Threat of Litigation to Leverage Change
The Disadvantages of Litigation
8 OTHER STATE AND LOCAL OBESITY PREVENTION STRATEGIES
Actions by Local Public Health Agencies