Aliena Messina

Federal Food Regulations: the Cause of Obesity 1

Federal Food Regulations: the Cause of Obesity

Ali Messina
Health Sciences Student
Oakland University

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Federal Food Regulations: the Cause of Obesity 2

Results of the NHANES 2009-2010 survey showed that the prevalence of obesity in
children and adolescents in the U.S. is currently steady at 17%; however, some are suggesting
that there will be an increase to 30% by the year 2030. (Ogden, Carroll, Kit & Flegal, 2012) This
is an alarming projection, however with the underlying cause of obesity being unclear, no one
solution has been found. Is it possible that due to government activities and the constant lobbying
of the food industry, our health is being sabotaged? This certainly seems to be the case. The
government and big businesses seem to be putting their own interests above those of the general
population; the new health care laws are a clear example of this today. In order to stop the
dangerous and ever rising obesity epidemic, policies within big businesses, government agencies
and committees and the governing body itself are needed.
First, in the case of obesity, one must look at the current practices which contribute to the
price and availability of food. Some economists view the population-wide increase in weight
gain as an implicit trade-off, a by-product of sedentary but higher salary work combined with
consistently falling food prices (Seiders & Petty, 2004). The U.S. government, being constantly
lobbied by the big businesses in the food industry, has implemented many laws regarding the
crops grown and the food that makes it to our tables. With the increase in subsidies given to
farmers who grow corn, soy, and wheat, the crops that are frequently used as fillers and animal
feed, the food that citizens of the U.S. are eating continues to be more processed and higher in
calories than the foods of their ancestors. In the U.S. today, people are consuming more energy
in the form of calories each day than they can use; obesity is directly related to food consumption
(Alston, Sumner & Vosti, 2006). Additionally, some would argue that the rise if federal subsidies
for agricultural is contributing to overproduction (Seiders & Petty, 2004), which leads to
overconsumption. Moreover, the food industry promotes an increase in portion size and

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distributes convenience and fast foods to an alarming extent (Seiders & Petty, 2004). In
particular, agricultural commodity policies may have contributed to lower relative prices of
fattening foods and, by making agricultural commodities much cheaper as raw materials used as
food ingredients, agricultural research and development (R&D) has made it less expensive to
increase portion sizes (Alston, Sumner & Vosti, 2006). Convenience and fast foods utilize the
federally subsidized fillers which contribute to higher calorie intake and eventually over time,
obesity. The above outlined practices are not done with the interest of the consumers in mind;
instead, the furthering of profits is the main focus.
Secondly, one must look at the government regulations and laws in place that contribute
to the obesity epidemic. In the modern American home, children often drive the frequency with
which certain foods are consumed and which foods are frequently purchased; this all comes
down to commercial advertising. American children are exposed to approximately 40,000 food
advertisements per year, 72 percent of which are for candy, cereal, and fast food. Empirical
studies, including recent reviews by the American Psychological Association and the Institute of
Medicine (IOM), show that advertisements achieve their intended effects on children that is,
they shape product preferences and eating habits. Moreover, children younger than eight years of
age are generally unable to understand the persuasive intent of advertising and to view it
critically (Mello, Studdert & Brennan, 2006). With this evidence, doesnt it make sense that the
Federal Trade Commission (FTC) would sensor the advertisements that are shown during
childrens programs? Alas, it seems that once again, lobbying businesses have won in this
respect. The FTC has the authority to regulate food advertisements by agreement from the Food
and Drug Administration (FDA); the FTC has the authority to regulate those advertisements
which it deems unfair or deceptive. To deem advertisements unfair or deceptive means that

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they cause substantial injury or mislead in a material manner. (Mello, Studdert & Brennan, 2006)
In addition to the pitfalls of the FTCs advertisement regulations, the FDA has regulated food
labels under the assumption that too much information is overwhelming to consumers. The FDA
has the authority to require food labels on pretty much any food product sold commercially in the
United States, yet misleading food labeling is still a huge issue. Under FDA guidelines, food
labels must contain any information about the product including adverse effects of consumption
and must be truthful and not misleading. (Mello, Studdert & Brennan, 2006) Yet, to date not
one nutrition label ever sites the possibility that consumption may lead to future obesity, heart
disease, or diabetes. This in itself is misleading consumers.
Finally, while studies on artificial sweeteners like high fructose corn syrup, may not show
that they contribute directly to obesity in the United States (White, 2008), there are studies that
show their use may indirectly contribute. High fructose corn syrup (HFCS) is a liquid alternative
to natural sugar and is found in many commercial foods and beverages (White, 2008), including
soda, granola bars, and cereals. HFCS is derived from corn, as the name suggests, and is very
cheap to make and use in many product because it is stable in acidic foods and beverages (White,
2008). However, if it were not for the federal subsidies provided to farm corn, this would not be
so cheap and would be used with less frequency. HFCS provides four Calories per gram and over
time can lead to obesity, yet its use is not wholly predictive of U.S. obesity (White, 2008). While
HFCS may not be a direct contributor to obesity, researchers have found a possible indirect link
between the two. In a study done by Turdoff and Alleva (1990), the effects of drinking sodas
sweetened with HFCS were compared to the effects of sodas sweetened with aspartame. This
study conducted over three weeks of drinking either soda gave some interesting findings. The
researchers found that participants drinking HFCS sodas had a significantly increased daily

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caloric intake and gained more weight than those who drank aspartame sodas. Additionally, they
found that aspartame sodas significantly lowered the daily caloric intake of participants and that
the male participants actually lost weight at the end of the study. (Turdoff & Alleva, 1990) This
raises questions about the governments ability to regulate foodstuffs effectively to increase the
health of U.S. citizens.
In order to solve this issue of a rising obesity epidemic, one must look not only to
government agencies, but also to big businesses in the food industry and farmers. In the interest
of utility, an ethical principle that states one should act in ways so as to bring about the most
benefit and consider what is best overall (Munson, 20102), it only makes sense that farmers,
businesses and the government should be promoting the welfare of all U.S. citizens without
whom they have no purpose. In addition it would be helpful to operate on the principle of
beneficence as well; an ethical principle which states that one would act in ways that promote the
welfare of others (Munson, 2012). The following solutions utilize these principles and operate
under the belief that the government should act on both principles.
As subsidies and the increase in food portions is one of the biggest contributors to
obesity, it is a good place to begin. Subsidized domestic agriculture is an important contributor
to obesity in the U.S. and reducing support for agriculture will (symmetrically) go a long way to
solving the problem (Alston, Sumner & Vosti, 2006). Now this may seem like a bad idea at
first, but if one really looks at the big picture they can see that people will be healthier in the long
run. Reducing support for agriculture really means that the government must reduce its support
for crops like corn which contribute little to a healthy lifestyle. Instead the government needs to
focus its attention on crops like cruciferous vegetables, broccoli, cauliflower, kale, etc., which
provide fiber and many vitamins that people need to stay healthy. In addition to subsidizing

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healthier crops, the government needs to promote these healthier options and healthy lifestyle
choices like exercise and moderation in the diet during peak television hours, especially aimed at
children.
Speaking about children brings us to another issue, unhealthy food advertisements
directed at children. The FTC needs to play a bigger role in reducing the persuasive
advertisements that cause children to beg their parents to buy sugary cereals, fast foods and
candies that contribute to high calorie, nutrient poor diets. A backlash from the food industry is
already evident, and rights-oriented consumer groups have decried some measures because they
impinge on civil liberties (Mello, Studdert & Brennan, 2006). However, while this may be true,
the public health law approach posits that the law can be used to create conditions that allow
people to lead healthier lives andgovernment has both the power and the duty to regulate
private behavior in order to promote public health (Mello, Studdert & Brennan, 2006).
Therefore if the FTC began to further regulate the advertisements that children see, as much as
they are able, healthier lifestyle would be promoted, and despite backlash, would help make the
U.S. a less obese country. Additionally, opinion polls indicate that a majority of Americans
believe that the government should be involved in fighting obesity, particularly by regulating the
marketing of junk foods to children (Mello, Studdert & Brennan, 2006). This shows that if the
FTC regulates advertisements aimed at children and impressionable adolescents, the backlash
would be lessened because this is where public health law initiatives will gain the most support.
According to Mello, et al. Young people are especially vulnerable to advertising, and there is
greater political tolerance for legal interventions on their behalf this is a clear lesson from the
history of tobacco control.

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So to conclude, the rising obesity epidemic is a huge public health issue in the United
States, a problem that must be solved. In order to slow and reverse the growth of this epidemic,
the government must begin by subsidizing healthy foods, rather than corn and soy. Secondly, the
FTC must further regulate advertisements aimed at children and adolescents. Efforts to
encourage self-regulation and corporate responsibility could go far toward improving the
healthfulness of foods sold, provided the industry responses heed the limits of antitrust law and
do not displace meaningful external regulation (Mello, Studdert & Brennan, 2006). These
things may not completely solve the problem, but if executed simultaneously, the health of U.S.
citizens will most assuredly rise.

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References
Alston, J. M., Sumner, D. A., & Vosti , S. A. (2006). Are agricultural policies making us fat?
Likely links between agricultural policies and human nutrition and obesity, and their
policy implications. Applied Economic Perspectives and Policy: Review of Agricultural
Economics, 28(3), 313-322. Retrieved from http://aepp.oxfordjournals.org.huaryu.kl.
oakland.edu/content/28/3/313.full.pdf html (Alston, Sumner & Vosti, 2006)
Mello, M. M., Studdert, D. M., & Brennan, T. A. (2006). Obesity---the new frontier of public
health law. The New England Journal of Medicine, Retrieved from
http://www.nejm.org.huaryu.kl.oakland.edu/doi/full/10.1056/nejmhpr060227 (Mello,
Studdert & Brennan, 2006)
Munson, R. (2012). Intervention and Reflection: Basic Issues in Bioethics. Boston, MA:
Wadsworth. (Munson, 2012)
Ogden, C. L., Carroll, M. D., Kit, B. K., & Flegal, K. M. (2012). Prevalence of obesity and
trends in body mass index among us children and adolescents, 1999-2010. Journal of the
American Medical Association, 307(5), 483-490. Retrieved from
http://jama.jamanetwork.com/article.aspx?articleid=1104932 (Ogden, Carroll, Kit &
Flegal, 2012)
Seiders , K., & Petty, R. D. (2004). Obesity and the role of food marketing: A policy analysis of
issues and remedies. Journal of Public Policy & Marketing ,23(2), 153-169. Retrieved
from http://www.jstor.org/stable/30000757 (Seiders & Petty, 2004)
Turdoff, M. G., & Alleva, A. M. (1990). Effect of drinking soda sweetened with aspartame or
high-fructose corn syrup on food intake and body weight. The American Journal of
Clinical Nutrition, 51(6), 963-969. Retrieved from

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http://ajcn.nutrition.org.huaryu.kl.oakland.edu/content/51/6/963.short (Turdoff & Alleva,

1990)
White , J. S. (2008). Straight talk about high-fructose corn syrup: what it is and what it ain't. The
American Journal of Clinical Nutrition, 88(6), Retrieved from http://ajcn.nutrition.org.
huaryu.kl.oakland.edu/content/88/6/1716S.full (White, 2008)