Innovative legal approaches to address obesity.
BACKGROUND
The law is a powerful public health tool with considerable potential to address the obesity issue. Scientific advances, gaps in the current regulatory environment, and new ways of conceptualizing rights and responsibilities offer a foundation for legal innovation.


METHODS
This article connects developments in public health and nutrition with legal advances to define promising avenues for preventing obesity through the application of the law.


RESULTS
Two sets of approaches are defined: (1) direct application of the law to factors known to contribute to obesity and (2) original and innovative legal solutions that address the weak regulatory stance of government and the ineffectiveness of existing policies used to control obesity. Specific legal strategies are discussed for limiting children's food marketing, confronting the potential addictive properties of food, compelling industry speech, increasing government speech, regulating conduct, using tort litigation, applying nuisance law as a litigation strategy, and considering performance-based regulation as an alternative to typical regulatory actions. Finally, preemption is an overriding issue and can play both a facilitative and a hindering role in obesity policy.


CONCLUSIONS
Legal solutions are immediately available to the government to address obesity and should be considered at the federal, state, and local levels. New and innovative legal solutions represent opportunities to take the law in creative directions and to link legal, nutrition, and public health communities in constructive ways.
Pomeranz
Jennifer L
JL
Rudd Center for Food Policy and Obesity, Yale University, 309 Edwards Street, New Haven, CT, USA. jennifer.pomeranz@yale.edu
Teret
Stephen P
SP
Sugarman
Stephen D
SD
Rutkow
Lainie
L
Brownell
Kelly D
KD
D005247:Feeding Behavior; D033161:Government Regulation; D006293:Health Promotion; D006801:Humans; D018673:Nutrition Policy / Q000331:legislation & jurisprudence*; D009765:Obesity / Q000453:epidemiology* / Q000517:prevention & control* / Q000628:therapy; D011634:Public Health / Q000331:legislation & jurisprudence*; D012946:Social Welfare; D014481:United States / Q000453:epidemiology