Local and State Governments are Taking the Stage when it is FDA's Curtain Call - Are Local and State Governments' Safety Warnings Preempted by Federal Law?

Authors

Melissa M. Card, Michigan State University, East Lansing

Keywords

labeling requirements, sugar, sugary-sweetened beverages (SSBs), federal law, preemption, safety warnings, regulation

Document Type

Article

Abstract

Eliminated from fad diets, sworn off by celebrities, and frantically reformulated out of processed foods, added sugars have been deemed the new nutritional scoundrel. Recent studies from the American Heart Association, the World Health Organization, and the American Cancer Association demonstrate that the consumption of added sugar leads to increased risks of obesity, diabetes, heart disease, and gout. While all foods containing added sugar are deemed unhealthy, Sugary-Sweetened Beverages ("SSBs") are said to be especially toxic by the American health community, by virtue of these beverages' being excessively high in added sugar content, low in satiety, and incomplete in compensation for total energy. Since a 20-ounce soda contains double the amount of added sugar that a person should consume for the entire day, maybe the frenzy concerning added sugar in SSBs is more than a weight lose craze.

Recommended Citation

Card, M. M. (2021). Local and State Governments are Taking the Stage when it is FDA's Curtain Call - Are Local and State Governments' Safety Warnings Preempted by Federal Law?. Journal of Food Law & Policy, 12(2). Retrieved from https://scholarworks.uark.edu/jflp/vol12/iss2/8