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05:10
Multidisciplinary Approach to Obesity Management: A Case Report
Published on: May 30, 2025
Innovative legal approaches to address obesity
Jennifer L Pomeranz1, Stephen P Teret, Stephen D Sugarman
1Rudd Center for Food Policy and Obesity, Yale University, 309 Edwards Street, New Haven, CT, USA. jennifer.pomeranz@yale.edu
The Milbank Quarterly
|March 21, 2009
Summary
The law can effectively combat obesity by directly regulating contributing factors and implementing innovative legal strategies. Governments can leverage existing and new legal tools at all levels to address this public health crisis.
Area of Science:
- Public Health Law
- Nutrition Policy
- Obesity Prevention
Background:
- Law serves as a potent public health instrument with significant potential for addressing obesity.
- Scientific progress, regulatory gaps, and evolving legal concepts provide opportunities for innovation in public health law.
Purpose of the Study:
- To explore promising legal avenues for obesity prevention by integrating public health, nutrition, and legal advancements.
- To identify and define direct and innovative legal strategies for combating the obesity epidemic.
Main Methods:
- Connecting developments in public health and nutrition with legal advancements.
- Analyzing existing legal frameworks and identifying gaps in regulatory approaches to obesity.
- Reviewing specific legal strategies such as marketing restrictions, industry regulation, and litigation.
Main Results:
- Two primary legal approaches are identified: direct application to obesity factors and innovative solutions for weak regulatory environments.
- Specific strategies include regulating children's food marketing, addressing food's addictive properties, compelling industry and government speech, and utilizing tort and nuisance law.
- Preemption is a critical factor, influencing obesity policy as either a facilitator or hindrance.
Conclusions:
- Immediate legal solutions exist for governments to address obesity at federal, state, and local levels.
- Innovative legal approaches offer creative pathways and foster collaboration between legal, nutrition, and public health sectors.
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