The Competitive Food Conundrum- Can Government Regulations Improv
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The Competitive Food Conundrum- Can Government Regulations Improv
EssaysTHE COMPETITIVE FOOD CONUNDRUM: CAN GOVERNMENT REGULATIONS IMPROVE SCHOOL FOOD?Ellen 1R1EDTMichele SiMONftThe longer you can look back, the fart The Competitive Food Conundrum- Can Government Regulations Improvther you can look forward.Winston ChurchillIni RODUCHONIncreasing concerns over children's health have focused the nation’s attention on what children arc eating, especially in school. According to federal statistics, between 1963 and 2004. obesity rates quadrupled for children ages six to eleven, a The Competitive Food Conundrum- Can Government Regulations Improvnd rales tripled for adolescents ages twelve to nineteen? This alarming trend continues, with the latest data showing that more than one-third of AmerThe Competitive Food Conundrum- Can Government Regulations Improv
icanCopyright €> 2007 by Ellen Fried and Michele Simon.t Adjunct Assistant Clinical Professor. New York University Depi of Nutrition. Food Studies Si EssaysTHE COMPETITIVE FOOD CONUNDRUM: CAN GOVERNMENT REGULATIONS IMPROVE SCHOOL FOOD?Ellen 1R1EDTMichele SiMONftThe longer you can look back, the fart The Competitive Food Conundrum- Can Government Regulations Improvessor, University of California, Hastings College of the I .aw. Research and Policy Director. Marin Institute. J.D.. University of California. Hastings College of the Law; M.P.H., Yale School of Medicine; B.S.. Carnegie Mellon University, special thanks to Mark Hancock (Stanford Law School. Class of The Competitive Food Conundrum- Can Government Regulations Improv 2007) for his impeccable research assistance on state laws and regulations.1.Winston s. Churchill. Speech to the Royal College of Physicians (Mar. 2.The Competitive Food Conundrum- Can Government Regulations Improv
1944). in 7 WINSTON s. CHURCHILL: His COMPLETE SPEECHES 1X97-1963. at 6X95, 6X97 (Robert Rhodes James ed.. 1974).2.Ctrs. for Disease Control and PrevEssaysTHE COMPETITIVE FOOD CONUNDRUM: CAN GOVERNMENT REGULATIONS IMPROVE SCHOOL FOOD?Ellen 1R1EDTMichele SiMONftThe longer you can look back, the fart The Competitive Food Conundrum- Can Government Regulations Improvtares. 1963-2002, 54 MORBIDITY & MORTAIITY WKI .Y. REP. 194, 203 (2005).1492DUKE LAW JOURNAL [Vol. 56:1491children—roughly nine million children over age six'—are either obese or al risk for becoming obese/ Equally disturbing is the increasing diagnosis of Type 2 diabetes (formerly called “adultonse The Competitive Food Conundrum- Can Government Regulations Improvt") in young people.' For those born in 2000. the lifetime risk of developing diabetes, barring major changes in diet and lifestyle, is 33 percent forThe Competitive Food Conundrum- Can Government Regulations Improv
males and 39 percent for females: it is even higher for Hispanics? Because obesity and diabetes are linked to myriad health problems in adulthood, prEssaysTHE COMPETITIVE FOOD CONUNDRUM: CAN GOVERNMENT REGULATIONS IMPROVE SCHOOL FOOD?Ellen 1R1EDTMichele SiMONftThe longer you can look back, the fart The Competitive Food Conundrum- Can Government Regulations Improvic health issue or personal problem, many people believe schools carry a substantial burden of responsibility—-just behind parents and individuals—when it comes to addressing childhood obesity.3 4 5 6 7 8 This belief is well justified. The National School Lunch Program (NSLP) serves twenty-nine mill The Competitive Food Conundrum- Can Government Regulations Improvion school children every day and costs American taxpayers more than $7 billion a year to provide purportedly “nutritionally balanced” meals? Many stuThe Competitive Food Conundrum- Can Government Regulations Improv
dents, however, fill up on items such as soli drinks, chips, and cookies, which arc high3.I.NST. OF Med.. Childhood Obesity IN I HE ƯN11ED STATES: FacEssaysTHE COMPETITIVE FOOD CONUNDRUM: CAN GOVERNMENT REGULATIONS IMPROVE SCHOOL FOOD?Ellen 1R1EDTMichele SiMONftThe longer you can look back, the fart The Competitive Food Conundrum- Can Government Regulations Improvon children over 6 years OÍ age are considered obese.”).4.Inst. of Med.. Progress IN Preventing Childhood Obesity: How Do We Measure UP? 24 (Jeffrey p. Koplan Ct al. cds., 2006), available at http7/hooks.nap.cdu/ openbook.php?recotd id 11722&pagc Rl.5.('TRS. FOR DISEASE (ONTRO1 AND PREVENTION. DFP'T The Competitive Food Conundrum- Can Government Regulations Improv or HEALTH AND HUMAN Servs.. National Diabetes Fact Sheet 1. available al http://www.cdc.gov/diabetes/pubs/ pdf/ndfs_2003.pdf. Diabetes is striking paThe Competitive Food Conundrum- Can Government Regulations Improv
rticularly hard among American Indians. African Americans, and Hispanic/Lalino youth populations. 1(1.6.K.M. Vcnkat Narayan Ct al., Ijfenine Risk for EssaysTHE COMPETITIVE FOOD CONUNDRUM: CAN GOVERNMENT REGULATIONS IMPROVE SCHOOL FOOD?Ellen 1R1EDTMichele SiMONftThe longer you can look back, the fart The Competitive Food Conundrum- Can Government Regulations Improvca.org/polldalaZ2006/endocrinepoll.pdi (counting those who responded that "some" or "a lol” of responsibility rested on the group in question): sec also Press Release. Harvard Forums on Health 3 (June 11. 2003). available at http://www.phsi. harvard.cdu/hcalth_rcform/harvard_forum_relcasc.pdf (“Two- The Competitive Food Conundrum- Can Government Regulations Improvthirds of Americans believe schools should play a major role in helping to fight the (childhood) obesity problem.”).8.FOOD AND NUTRITION Sfrv., U.S. DThe Competitive Food Conundrum- Can Government Regulations Improv
EP’T OF AORIC., National School lunch Program I. 3 (2CXI6), available at http://www.fns.usda.gov/cnd/lunch/AboutLunch/NSLP FactShcct.pdf. Although theEssaysTHE COMPETITIVE FOOD CONUNDRUM: CAN GOVERNMENT REGULATIONS IMPROVE SCHOOL FOOD?Ellen 1R1EDTMichele SiMONftThe longer you can look back, the fart The Competitive Food Conundrum- Can Government Regulations Improvidelines issued by the U.S. Department of Agriculture. Mary Story Ct al.. The Role of Schools in Obesity Prevention. Future of Children. Spring 2006. al 109. 113. The Schoo) Breakfast Program, also funded by the federal government but much smaller in size, falls outside the scope of this Article.200 The Competitive Food Conundrum- Can Government Regulations Improv7] COMPETITIVE FOOD IN SCHOOLS1493in added sugars, fats, calories, and sodium, but low in nutrition? Such “junk foods" sold in vending machines, cafetThe Competitive Food Conundrum- Can Government Regulations Improv
eria à la carle lines. " and school stores are known as “competitive foods” because they compete with federally funded meals.1 Although NSLP meals arcEssaysTHE COMPETITIVE FOOD CONUNDRUM: CAN GOVERNMENT REGULATIONS IMPROVE SCHOOL FOOD?Ellen 1R1EDTMichele SiMONftThe longer you can look back, the fart The Competitive Food Conundrum- Can Government Regulations Improvicans, which recommend limiting total fat to 35 percent of calorics and limiting saturated fat to less lhan 10 percent of calories.2 competitive foods are not. As awareness of the nutritional wasteland in schools has increased.'4 lhe scrutiny of unhealthy food and beverages available in public schoo The Competitive Food Conundrum- Can Government Regulations Improvls has intensified and reignited political firestorms all over the nation.1'9.A California survey found that, among responding school districts. 60 peThe Competitive Food Conundrum- Can Government Regulations Improv
rcent of all food sales arc ã la carte items not covered by federal nutritional guidelines. PliB. Hr Al Til INST., The 2003 California High School FasEssaysTHE COMPETITIVE FOOD CONUNDRUM: CAN GOVERNMENT REGULATIONS IMPROVE SCHOOL FOOD?Ellen 1R1EDTMichele SiMONftThe longer you can look back, the fart The Competitive Food Conundrum- Can Government Regulations Improvside the reimbursable school meal, generally at mealtime.11.7 C.F.K. 210.11(a)(1). Junk foods—officially, Foods of Minimal Nutritional Value (FMNV)—arc currently defined as foods that provide less than 5 percent of the Reference Daily Intake (RDI) fol eight specified nutrients per serving. 7 C.F.R. The Competitive Food Conundrum- Can Government Regulations Improv§ 210.11(a)(2) (2006). They include soda water, water ices, chewing gum. and certain candies, including gum drops, jelly beans, and candy coaled popcoThe Competitive Food Conundrum- Can Government Regulations Improv
rn. 7 C.F.R. pl. 210 app. D (2006).12.U.S. Dtf't OF Auric.. Dietary Guidelines for Americans 29 30 (2005). available al hllpJ7www.cnpp.usda.gov/PublicEssaysTHE COMPETITIVE FOOD CONUNDRUM: CAN GOVERNMENT REGULATIONS IMPROVE SCHOOL FOOD?Ellen 1R1EDTMichele SiMONftThe longer you can look back, the fart The Competitive Food Conundrum- Can Government Regulations Improvfrom fat and 10 percent of calories from saturated fat. and provide recommendations for Vitamin A. Vitamin iron, calcium, and calorics. 7 C.F.R. ?j 210.10(b) (2006).14.A Centers for Disease Control and Prevention (CDC) survey found “a disturbing picture of the widespread availability of foods and be The Competitive Food Conundrum- Can Government Regulations Improvverages high in fat. sodium, and added sugars as |à| la carte choices, in vending machines, and in school stores." Howell Wechsler el al.. Food Sen icThe Competitive Food Conundrum- Can Government Regulations Improv
e and Foods and Beverages Available at School: Results from the School Health Policies and Programs Study. 71 J. Sch. Health 313. 322 (2001). “NutritiEssaysTHE COMPETITIVE FOOD CONUNDRUM: CAN GOVERNMENT REGULATIONS IMPROVE SCHOOL FOOD?Ellen 1R1EDTMichele SiMONftThe longer you can look back, the fart The Competitive Food Conundrum- Can Government Regulations Improvsold on school campuses that are not part of federally regulated school meal programs." Id. al 313.15.Efforts to remove sugary snacks, beverages, and other low nutrition items periodically garner local, state, and federal attention, sparking hot debate. See, e.g., l ee Austin. Pasadena Restricts Can The Competitive Food Conundrum- Can Government Regulations Improvdy Snacks, L.A. TIMES, Oct. 4, 1970. at SG_BI (noting the ban of candy in the Pasadena School District); Fiances Cerra. Parents Close lap on Soda in WThe Competitive Food Conundrum- Can Government Regulations Improv
estchester Schools Menu. N.Y. TIMES, Feb. 3. 1976, at 66 (highlighting efforts to remove artificial substances from school lunch foods); Laura ShapiroEssaysTHE COMPETITIVE FOOD CONUNDRUM: CAN GOVERNMENT REGULATIONS IMPROVE SCHOOL FOOD?Ellen 1R1EDTMichele SiMONftThe longer you can look back, the fart The Competitive Food Conundrum- Can Government Regulations ImprovBar Enforced to Aid Diets. L.A. Times. Oct. 13. 1963. at WS1 ("The district is in the midst of a controversial program to... ban ... the sale of candy, soda pop and other confections in the schools.").ị Vol. 56:14911494DUKE LAW JOURNALVirtually all schools sell competitive foods.16 17 * 19 The overw The Competitive Food Conundrum- Can Government Regulations Improvhelming majority of schools—nearly nine out of ten—sell food in cafeteria à la carte lines, vending machines, and school stoics. Although à la carle lThe Competitive Food Conundrum- Can Government Regulations Improv
ines sell a range of healthy and unhealthy foods.1* vending machines contain mostly poor nutritional choices.” School stores primarily sell candy.20Gọi ngay
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