Running head: JUNK FOOD REGULATIONS 1 JUNK FOOD

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Running head: JUNK FOOD REGULATIONS
The Constitutionality of the Government Regulating
What Unhealthy Food Products Americans Buy and Consume
Amy Hulse
First Colonial High School
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Abstract
This paper discusses the reasons why the government has the ability to regulate unhealthy
foods and the reasons why these regulations would benefit Americans and schools. Many
people debate how constitutional these regulations/laws are and if we actually need help.
Obesity rates have been on the rise. The health of all Americans is important, but the only
way to make us a healthier country is to influence the bad choices we tend to make. This
paper goes over the negative effects and impacts that junk food has on Americans. It
states that it is the government’s responsibility to influence the food choices that
Americans make, and also that the government regulation of food and beverages in
schools will help make future generations healthier by giving children and teenagers
better choices so that they will make better decisions for their bodies. Another thing this
paper considers is that some states have laws that regulate unhealthy foods, but since the
issue of junk food regulations is relatively modern there are no court cases that directly
involve this issue. Overall, regulations, taxes, and/or laws made by the government
benefit the health of Americans.
Keywords: American Heart Association (AHA), Food and Drug Administration
(FDA)
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The Constitutionality of the Government Regulating
What Unhealthy Food Products Americans Buy and Consume
Whenever the government begins to try to help solve a problem, there will always
be people who complain because their “freedoms” are being taken away. A government
was originally created to help a faction of people make better decisions. Now,
government is seen as the enemy and this big corporation that only wants our money.
That is not true. When the government sees a problem occurring over and over again and
increasing in severity, they take action (or at least attempt to). The regulation of what we
eat is how the government is trying to cut down obesity rates and help us make wiser
choices on what we think we should eat. Americans have formed bad habits that have
altered their bodies. Some people say that the government has no right to alter the prices
of what we consume (both good and bad) and has too much power already, but it should
be constitutional for the government to regulate the unhealthy foods that we eat for these
reasons: it is the government’s responsibility to influence the choices we make, keep
schools healthier and a better environment for generations to come, and create laws,
regulations, and/or taxes to benefit the health of Americans, which has been done by
some states, however, they are not hugely impacting the country.
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Discussion
Effects of Junk Food on Americans
Junk food has had negative effects on the lives of Americans. The American
Heart Association (AHA) updated their statistical fact sheet for 2012. On this document,
obesity and overweight statistics for youth and adults, charts and graphs, and costs are all
listed. Interestingly, it says, “overweight adolescents have a 70% chance of becoming
overweight adults” (AHA, 2011). In America, 75.0 million are obese, with 34.9 million
being men, and 40.1 million being women (AHA, 2011). One thing to keep in mind is
that unhealthy citizens create higher healthcare costs for a country. Currently the total
costs related to obesity are about $254 (AHA, 2011). The AHA estimates, “if current
trends in the growth of obesity continue, total healthcare costs attributable to obesity
could reach $861 to $957 billion by 2030, which would account for 16% to 18% of US
health expenditures” (AHA, 2011). That money could be going to something the country
needs instead of being used to take care of unhealthy people caused by being overweight.
Benefitting the Health of Americans
Regulations, taxes, and laws made by the government can benefit the health of
Americans. Without the government’s actions, Americans will continue to live unhealthy
lifestyles filled with oversized drinks, junk food, and enormous portion sizes. The ways
that candy and junk food have changed over the years is astonishing. “Butterfinger candy
bars, beginning at 280 calories, surged to 680 calories” (Reiland, 1998). People will do
anything to get more money. Food and beverage industries that sell junk food have “used
marketing tactics specifically designed to target certain minority groups” (Yanamadala,
2012). This marketing technique is using the innocent to sell more products.
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Critics of any beverage or food regulations in schools point out that school
funding could be affected if the revenue generated from certain food and beverage
companies is terminated because of the regulations. Duval, Clay, and St. Johns County
schools in Florida “use cash generated from beverage contracts and sales to support
athletic programs, extracurricular activities, student rewards and field trips” (Sanders,
2010). This reliance on outside resources to collect money to help the schools run
efficiently as possible is so deep that in 2009, “the three districts netted a combined $2.4
million” (Sanders, 2010). Just three schools used that money. The main reason why this
is a problem is because the products that the beverage companies sell are not healthy. If
the ban on these drinks goes into effect, the school systems will have to look elsewhere to
gain revenue. There are alternatives to just banning all the drinks together, in fact, “the
American Beverage Association has supported voluntary restrictions on vending machine
fare, calling for a reduced presence of high-calorie sodas in middle school and high
school lunchrooms” (Sanders, 2010). No one wants the vending machines to go away,
just improve what’s in them so that the students in middle and high school will have
healthier options to drink. Tom Vilsack, who is the Agriculture Secretary, agrees saying
that he does not want to completely remove the vending machines, but rather “improve
what’s offered in them” (Sanders, 2010).
The government seems to be on board with making America healthier. One reason
why this is true is because The National Prevention Council released on June 16, 2011
the National Prevention Strategy. The plan has a section titled Healthy Eating. This
strategy said that “63% of adults and 84 percent of adolescents consume at least one
sugar-sweetened beverage each day” (Healthy Eating, 2011). This fact is important
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because it shows that younger generations are the ones who need the most help in curbing
their appetite for drinking sugared beverages daily. The article also points out that having
a “relative lower cost of junk foods can promote over-consumption of calories” (Healthy
Eating, 2011). Not only are people buying junk food, but they are buying more than they
should be. The article also says that the government will “implement programs and
regulations to increase access to healthy food and eliminate food insecurity” (Healthy
Eating, 2011). This is important because it shows that the government wants to help.
This National Prevention Strategy is evidence that the government does care, wants to
make changes as easily as possible, and will make future plans to benefit the lives of
Americans. The small steps are the ones that matter; they add up to big changes, but these
changes will not be effective unless they are actually put into action.
A tax on sugared beverages and unhealthy junk food could help the government
economically. An article titled “Desperate Measures: Financially Strapped Governments
Tax Junk Food ... What's Next?” talks about how 33 states plus the District of Columbia
already “tax candy and soft drinks at a higher rate (5.2 percent on average) than they do
essential groceries, such as cheese, fruit, meat and vegetables” (Vastag, 2010). The article
goes on to explain that finding out the exact tax laws are hard because of vagueness and
multiple differences between the states but it did say, “The typical American guzzles 50
gallons of soft drinks, bottled iced tea, sports drinks and sweetened beverages each year.
That means that an average consumer who lives in one of the 33 states that tack on extra
tax to soft drinks pays an extra $10 a year” (Vastag, 2010). The article also describes why
these taxes are beneficial to the government. In fact, the article quoted Urban Institute
claiming, “Over 10 years, the federal government would raise about $350 billion to pay
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health-care costs and fund obesity prevention programs” (Vastag, 2010). That extra
money could help pay off debts and reduce the amount of budget cuts for well needed
programs. The ban would also influence the way Americans consume and how much
calories they consume. The article interestingly includes, “The Coronary Artery Risk
Development in Young Adults study, which was funded by National Institutes of Health
from 1985 to 2006, concluded that an 18 percent increase in the price of soft drinks led to
people consuming about 100 fewer calories per day. That translates into 2 pounds per
year of weight lost” (Vastag, 2010). Consuming fewer calories can be one more way for
Americans to be healthier instead of heavier.
State Laws
Some states have laws that regulate unhealthy foods. Because of the rising obesity
rates with “more than 2/3 of the U.S. population being overweight or obese,” something
must be done to help Americans slow down and rethink their consumer choices
(Brownlee 2012). An article recently published in October of 2012 revealed, “the New
York City Board of Health recently approved a ban on the sale of sodas and other sugarloaded drinks bigger than 480 milliliters (16 ounces) in restaurants, movie theaters, and
stadiums” (Brownlee, 2012). This ban will begin in March of 2013 (Jaslow, 2012).
According to Ryan Jaslow, “The ban will apply in restaurants, fast-food chains, theaters,
delis, office cafeterias and most other places that fall under the Board of Health’s
regulation. Exempt from the ban are sugary drinks sold at supermarkets or most
convenience stores and alcoholic and dairy-based beverages sold at New York City
eateries” (Jaslow, 2012). This ban would help decrease the amount of liquids people
consume, and also would decrease the amount of waste us humans discard onto the earth.
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Less really is more. The less we consume, the less we throw away, the less we gain
weight, and the more space is available on earth. Because food these days is cheaper than
it has been in the past, “people buy and eat more, and restaurants serve much bigger
portions (Brownlee, 2012).” Another reason why the ban would help instead of hinder is
because of the children. Children tend to follow the same lifestyles as their parents, which
if their parent leads an unhealthy lifestyle, the children would most likely follow those
unhealthy habits. The article stresses the severity of childhood obesity by providing the
estimate that about 17% of children ages 2 to 19 are obese (Brownlee, 2012). The article
explains that lack of physical activity could be a factor in why the obesity rates are so
high and backs it up with the statement, “Now time for P.E. has dwindled, and kids
spend more time on their phones or computers (Brownlee, 2012).” Children are not
exercising as much anymore, and technology is keeping people in their seats instead of
moving.
New York seems to be the state that has the most influence in regulating food and
beverages. Back in 2008, New York City banned hydrogenated oils that contain transfats. This change in meal preparation “means that New Yorkers get less trans-fat with
their fast food, even in low-income neighborhoods (Nestle, 2012).” Virginia may not
have accessible laws that directly ban certain foods, but they do have a law that explains
the parameters of excise taxes.
Law §58.1-3840 from the Code of Virginia states that “Any city or town having
general taxing powers established by charter pursuant to or consistent with the provisions
of §58.2-1104 may impose excise taxes on cigarettes, admissions, transient room rentals,
meals, and travel campgrounds” (Code of Virginia). This means that the city of Virginia
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Beach has the ability to tax food. Vending machines are also a main proponent in the
fight to control junk food. However, the law currently says, “No such taxes on meals may
be imposed on (iii) food and beverages sold through vending machines or on any tangible
personal property purchased with food coupons issued by the United States Department
of Agriculture…”(Code of Virginia). This means that vending machines cannot be taxed.
All of the money that comes from selling the foods in the vending machines goes directly
back to the manufacturer, which would not help deter purchases of unhealthy snacks.
Food Choices
It is the government’s responsibility to influence the food and beverage choices
that Americans make. People do not have the conscious ability to look out for each other.
Humans are selfish creatures who just want more and more, and the government was
originally designed to help us share and have a faction of people help us make better
choices. One part of the government that has seen some of the negative impacts of
uncontrolled junk food consummation is the military. Not many people think of
childhood obesity affecting the military and its future plans, but if the numbers of
children who are overweight keep increasing, there will be fewer citizens able to join the
military. This would in turn weaken the power of the military and the numbers that it
relies on to make it work so efficiently.
One article titled “Military leaders battle junk food,” quotes retired Air Force
lieutenant general Norman Seip as saying, “three-quarters of those ages 17 to 24, or about
26 million young people, cannot serve in the military, a quarter of them because they are
overweight or obese” (Hellmich, 2012). Norman Seip also said that “We look at
childhood obesity not only as a health crisis but a national security issue” (Hellmich,
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2012). It is crucial that childhood obesity begins to decrease instead of increase, or else
America may not have as safe of a future as it does now. When the military sees
something as an issue, it is legitimate and needs to be fixed as soon as possible.
Unfortunately, something as sensitive as obesity is not something that can be fixed easily.
It takes time and the effort of every American and also everyone in the world.
Seth Stern, the author of “Fast Food is Linked to Obesity and Other Serious
Health Problems” wrote, “Nutritionists say that the [nutritional] information [on fast food
products] doesn’t put the calories in a context people can understand” (Stern, 2005). Even
though there are laws that require fast food chains to have their nutritional information on
all their products available to the public, it is not simple enough for people to make their
choices. Stern mentioned John Banzhaf III, a law professor at George Washington
University, who acknowledges that making a whole bunch of laws is not going to do
much. Banzhaf would “like nutritional information on fast-food menu boards and
wrappers or even health warnings similar to the ones now required on cigarettes” (Stern,
2005). If the information is right next to the product the consumer is purchasing, then
they might think twice about what they are getting and how much. Yes, the fast-food
industries prevalent in America will most likely lose some business, but the health of
Americans is way more important than selling cheap food to make fast cash.
Some people do not agree with more control over food and beverage products that
Americans purchase and consume. They fear that the Food and Drug Administration
(FDA) already has too much power and is abusing it by not allowing health information
that could benefit the consumer (Dudley, 2003). This is concerning if it is true. The
government needs to be making laws that require all information to be printed whether it
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is that the product is harmful to a consumer or actually beneficial to their health. It seems
like the FDA does not want products generally viewed as previously unhealthy to
suddenly be known as good for you to some extent. For example, “While a bottle of red
wine bears FDA-required labels warning it contains sulfites and may cause health
problems, the FDA prohibits vintners from mentioning on the label (or in advertising)
that moderate wine consumption may reduce the risk of heart disease” (Dudley, 2003).
The FDA is hindering progress instead of allowing everything to be said, which would
give consumers a better chance to make the right decision for their own personal self.
Fixing problems like the ones previously mentioned will help American consumers trust
the judgment and decisions of the government concerning future possible junk food
regulation.
Regulation in Schools
Government regulation of food and beverages in schools will help make future
generations healthier by giving children and teenagers much better choices to consume,
which would help reduce obesity rates and instill good decision making processes into
their everyday lives. There was a very important study done that helped form a potential
coalition between the types of food laws that a state has and its childhood obesity rates
over a period of time. According to the article “Strict junk food laws may help curb kids’
obesity, study finds,” the person conducting the study split the laws into two groups;
strong and weak. The researcher decided, “laws were considered strong if they included
specific nutrition requirements…and laws were rated weak if the requirements were
vague and merely urged sales of “healthy” food without specifics” (Tanner, 2012). The
study showed that some children “gained less weight from fifth through eighth grades if
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they lived in states with strong, consistent laws versus no laws governing snacks
available in schools” (Tanner, 2012). This fact is useful because it further validates a
relationship between the influences of laws governing what students are allowed to eat
and the obesity rates of those schools over a specific period of time. A more specific
example of this relationship is “In states with consistently strong laws in elementary and
middle school, almost 39 percent of fifth-graders were overweight when the study began.
That fell to 34 percent in 8th grade” (Tanner, 2012). This decrease in overweight children
is not big enough to show a direct relationship between state laws and child obesity rates,
but it does raise attention to the effects the government could have on its citizens. The
study never listed any specific laws and did not identify any states that they reviewed
because of confidentiality reasons, but the article appears to be unbiased, and the study
seems plausible.
An elementary school cafeteria should be filled with fruits, veggies, and various
types of meat, but instead “9 out of 10 schools offer junk food to kids” (Schools, 2011).
One anonymous concerned mother from Pennsylvania wrote the article “schools should
not promote junk food” in the York Daily Record. She was concerned that her child was
being rewarded in school with junk food, and it was altering his eating habits. She sees
her son being exposed to advertisements from fast food places and junk food companies
every day, but she did not expect her son to come home and whine to go to McDonalds
(Schools, 2011). She found out that her son’s homework focused on different fast food
brands for a vocabulary practice worksheet, which she believes is the reason why he
asked to go to McDonalds because he had never asked her before. Some people may say
that she was just overreacting, but she just wants to see a positive change in her local
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school system and eventually all in America. However, it is possible that the government
intervenes too much when it comes to school lunches. For example, “a preschooler at
West Hoke Elementary School ate three chicken nuggets for lunch Jan. 30 because the
school told her the lunch her mother packed was not nutritious” (Burrows, 2012). The
article providing this example was vague in what exactly happened that day, but basically
a little girl went to school with a sandwich and some fruit, which the lady inspecting her
lunch thought was insufficient according to Health and Human Services. The girl was
given a cafeteria issued lunch that met the guidelines, but the child only decided to eat the
chicken nuggets instead of the lunch her mom packed her. Her mother was angry because
she had to pay for the lunch, her child did not even eat all of the lunch the school gave
her, and she does not think the government should have that much control over what her
daughter was eating. There were some issues with the article, which were just some
wording errors, but overall the article gave some insight into when the government goes
too far in trying to do what is right. Keeping the balance between regulation and free will
is difficult, but not impossible for the government.
Restricting Food
There are currently no major court cases that deal with food regulation, but some
parts of the government have tried to help control the effects of junk food. “The FDA
launched a voluntary labeling program in 1973,” which was later mandated in 1990
(Kersh, 2012). Obesity is such a problem in America because “physicians and nutritional
scientists identified several risk factors contributing to obesity and definitively linked
being overweight to cardiovascular disease, diabetes, and other life-threatening illnesses”
(Kersh, 2012). Obesity causes other problems as well. A study published in Public
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Library of Science One showed that junk food diets are unhealthy. “A junk food diet
contains many ingredients associated with increased risk for coronary artery disease,
stroke and Type 2 diabetes, including saturated fat, trans-fat, sodium and cholesterol”
(Perry, 2012).
Regulation of foods is constitutional according to the article “Portion Sizes and
Beyond.” It says that “regulations that affect “ordinary commercial transactions” (such as
the sale of a product) are presumed to be constitutional if they have a rational basis and if
the government body enacting them has the appropriate knowledge and experience to do
so” (Pomeranz, 2012).
Conclusion
Regulating unhealthy foods and beverages is not something that everyone wants,
but it is necessary to help keep Americans in check. We are creatures of habit and do not
want the freedom of choice to be taken away. It is not going to be taken away; we will
just have better choices to choose from. If we do not want to pay extra for ginormous
portions of drink and unhealthy foods, then people just do not have to buy them. In order
to determine that junk food regulations are constitutional, one must realize that some
people believe that the government does not have the right to deter a citizen in any way
from purchasing what he or she ants and that the government has too much power
already. However, this research paper has given enough facts and discussions to claim
that it should be constitutional for the government to regulate the unhealthy foods that we
eat for these reasons: it is the government’s responsibility to influence the choices we
make, keep schools healthier and a better environment for the generations to come, and
create laws, regulations, and/or taxes to benefit the health of Americans, which has been
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done by some states, however, there are only a few court cases that indirectly involve
junk food regulations. What we eat should not be completely controlled; just the amount
we consume should be regulated or monitored. The government does not need to abuse
its power on Americans, but it should try harder to pass legislation that would help rein
us in and decrease obesity rates instead of allowing them to continue to rise. The health
of American is the main concern that this country needs to be more aware of, and nothing
is going to change unless people actually try.
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