Local and State Governments Are Taking the Stage When it is FDA's Curtain Call - Are Local and State Governments' Safety Warnings Preempted by Federal Law?
September 1, 2016 - Card, Melissa M.
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EmailThis article assesses whether local and state governments' regulations mandating safety warnings on the label of SSBs would be preempted by federal law. Part I provides an overview of current added sugar labeling, including the Food and Drug Administration's ("FDA") current and future labeling requirements, and the proposed local and state regulations. Part II argues that local and state governments do not have the constitutional authority to mandate safety warnings on labels concerning added sugar because their actions would be preempted by federal law.11 Finally, Part III demonstrates and recommends that the FDA compel food manufactures to include safety warnings on SSBs' labels, affording a viable solution that avoids the constitutional issues facing local and state governments. This article concludes that the regulations proposed by local and state governments dealing with safety warnings on SSBs' labels are unconstitutional, and urges the FDA to respond to the health adversities created by SSBs through compelling a safety warning on SSBs' labels.
Published in Journal of Food Law and Policy, Vol. 12, Issue 2 (Fall 2016), pp. 214-237.
