Table 3.
Considerations in Political, Economic, and Legal Feasibility for Four Policy Options
| Policy Option | (a) Definitional Feasibility | (b) Legal Feasibility | (c) Precedent | (d) Factors That Influence Political Feasibility |
|---|---|---|---|---|
| 1. Nutrition standards | Medium. Likely controversy over which products covered. | High. Government is authorized to set standards. | Sodium, saturated fat, calories, food groups in school meal standards. | Support from 2020‐2025 Dietary Guidelines for Americans. Innovations to reduce cost and simplify preparation of alternatives to processed meat. |
| 2. Tax | Medium. Likely controversy over which products covered. | High. Federal and state governments are authorized to tax. Local taxation authority varies. | Tobacco, alcohol, sugar‐sweetened beverages (SSBs). | Perceived success of SSB taxes as precedent; need for revenue. |
| 3. PSAs | ||||
| Government | High. Broad food group definitions suffice to identify covered products. | High if stand‐alone PSA. Government has leeway in “government speech.” | PSAs to reduce tobacco and SSB consumption, use of steroids in youth athletics. | Support from 2020‐2025 Dietary Guidelines for Americans. |
| Nongovernment | High. Broad food group definitions suffice to identify covered products. | Medium. Must avoid libel and slander; several states have food disparagement laws but speech is otherwise permitted. | Many precedents in public health nutrition campaigns (SSBs, Meatless Mondays). | Reputation of sponsoring organization; support from scientists; trends in public understanding. Organization may fear litigation even if legally in the right. |
| 4. Warning labels | Low‐Medium. Likely controversy over which products covered until the science evolves. | Medium. A warning must meet the First Amendment test for factual disclosure requirements and there are outstanding questions on the evidentiary requirement and what qualifies as controversial. | Success with tobacco. Legal challenge with San Francisco SSB labels. | Support from 2020‐2025 Dietary Guidelines for Americans. Increased public concern over sustainable diets and cancer risk. Change in political support for meat producers. |
Abbreviation: PSA, public service announcement; SSB, sugar‐sweetened beverage.