Food Politics
For some time now, I’ve been arguing that legal scholars ought to be challenging the contention of food corporations that the First Amendment gives them the right to market foods any way they like, even to kids.
I simply cannot believe that the founding fathers of the U.S. intended the First Amendment for this purpose.
In December 2010, I urged public interest lawyers to examine current food marketing practices in the light of the First Amendment. I am pleased to see that they are now doing so.
Samantha Graff of the National Policy & Legal Analysis Network to Prevent Childhood Obesity (NPLAN) forwards two co-authored articles published this month:
Health Affairs: Government Can Regulate Food Advertising to Children Because Cognitive Research Shows It Is Inherently Misleading, by Samantha Graff, Dale Kunkel, and Seth E. Mermin.
The childhood obesity crisis has prompted repeated calls for government action to curb the marketing of unhealthy food to children. Food and entertainment industry groups have asserted that the First Amendment prohibits such regulation.
However, case law establishes that the First Amendment does not protect “inherently misleading” commercial speech. Cognitive research indicates that young children cannot effectively recognize the persuasive intent of advertising or apply the critical evaluation required to comprehend commercial messages.
Given this combination—that government can prohibit “inherently misleading” advertising and that children cannot adequately understand commercial messages—advertising to children younger than age twelve should be considered beyond the scope of constitutional protection.
American Journal of Public Health: Protecting Young People from Junk Food Advertising: Implications of Psychological Research for First Amendment Law, by Jennifer L. Harris and Samantha K. Graff.
In the United States, one third of children and adolescents are overweight or obese, yet food and beverage companies continue to target them with advertising for products that contribute to this obesity crisis.
When government restrictions on such advertising are proposed, the constitutional commercial speech doctrine is often invoked as a barrier to action. We explore incongruities between the legal justifications for the commercial speech doctrine and the psychological research on how food advertising affects young people.
These papers are a great start to the conversation, as was a previous contribution from these authors: A Legal Primer for the Obesity Prevention Movemen, American Journal of Public Health, 2009.
First Amendment scholars—weigh in, please.
And while pondering these questions, take a look at Raj Patel’s piece in The Atlantic, Abolish the food industry. In his view, the First Amendment issue is a no brainer:
I side with the American Psychological Association in thinking that advertising to children is unconscionable. Rather than dwell on the First Amendment issue, which strikes me as an easy case to make, I think it’s worth addressing a deeper question underlying the San Francisco cigarette-in-pharmacy ban—Why allow an industry that profits from the sale of unhealthy food at all?
For more information, click here.
In a new study, my colleagues Anisha Patel, Francesca Weaks and I estimate that approximately 61.4 million people in the U.S. did not drink their tap water as of 2017-2018. Our research, which was released in preprint format on April 8, 2021, and has not yet been peer reviewed, found that this number has grown sharply in the past several years.
Other research has shown that about 2 million Americans don't have access to clean water. Taking that into account, our findings suggest that about 59 million people have tap water access from either their municipality or private wells or cisterns, but don't drink it. While some may have contaminated water, others may be avoiding water that's actually safe.
Water insecurity is an underrecognized but growing problem in the U.S. Tap water distrust is part of the problem. And it's critical to understand what drives it, because people who don't trust their tap water shift to more expensive and often less healthy options, like bottled water or sugary drinks.
I'm a human biologist and have studied water and health for the past decade in places as diverse as Lowland Bolivia and northern Kenya. Now I run the Water, Health, and Nutrition Laboratory at Pennsylvania State University. To understand water issues, I talk to people and use large datasets to see whether a problem is unique or widespread, and stable or growing.
An Epidemic of Distrust
According to our research, there's a growing epidemic of tap water distrust and disuse in the U.S. In a 2020 study, anthropologist Sera Young and I found that tap water avoidance was declining before the Flint water crisis that began in 2014. In 2015-2016, however, it started to increase again for children.
Our new study found that in 2017-2018, the number of Americans who didn't drink tap water increased at an alarmingly high rate, particularly for Black and Hispanic adults and children. Since 2013-2014 – just before the Flint water crisis began – the prevalence of adults who do not drink their tap water has increased by 40%. Among children, not consuming tap has risen by 63%.
To calculate this change, we used data from the National Health and Nutrition Examination Survey, a nationally representative survey that releases data in two-year cycles. Sampling weights that use demographic characteristics ensure that the people being sampled are representative of the broader U.S. population.
Racial Disparities in Tap Water Consumption
Communities of color have long experienced environmental injustice across the U.S. Black, Hispanic and Native American residents are more likely to live in environmentally disadvantaged neighborhoods, with exposure to water that violates quality standards.
Our findings reflect these experiences. We calculated that Black and Hispanic children and adults are two to three times more likely to report not drinking their tap water than members of white households. In 2017-2018, roughly 3 out of 10 Black adults and children and nearly 4 of 10 Hispanic adults and children didn't drink their tap water. Approximately 2 of 10 Asian Americans didn't drink from their tap, while only 1 of 10 white Americans didn't drink their tap water.
When children don't drink any water on a given day, research shows that they consume twice as many calories from sugary drinks as children who drink water. Higher sugary drink consumption increases risk of cavities, obesity and cardiometabolic diseases. Drinking tap water provides fluoride, which lowers the risk of cavities. Relying on water alternatives is also much more expensive than drinking tap water.
A4: Choosing to drink fluoridated tap water over sugar-sweetened beverages to quench thirst is vital to protecting… https://t.co/3tm8wuWjeZ— Oral Health Watch (@Oral Health Watch)1600795750.0
What Erodes Trust
News reports – particularly high-visibility events like advisories to boil water – lead people to distrust their tap water even after the problem is fixed. For example, a 2019 study showed that water quality violations across the U.S. between 2006 and 2015 led to increases in bottled water purchases in affected counties as a way to avoid tap water, and purchase rates remained elevated after the violation.
The Flint water crisis drew national attention to water insecurity, even though state and federal regulators were slow to respond to residents' complaints there. Soon afterward, lead contamination was found in the water supply of Newark, New Jersey; the city is currently replacing all lead service lines under a legal settlement. Elsewhere, media outlets and advocacy groups have reported finding tap water samples contaminated with industrial chemicals, lead, arsenic and other contaminants.
Many other factors can cause people to distrust their water supply, including smell, taste and appearance, as well as lower income levels. Location is also an issue: Older U.S. cities with aging infrastructure are more prone to water shutoffs and water quality problems.
It's important not to blame people for distrusting what comes out of their tap, because those fears are rooted in history. In my view, addressing water insecurity requires a two-part strategy: ensuring that everyone has access to clean water, and increasing trust so people who have safe water will use it.
Chart: The Conversation / CC BY-ND. Source: AWWA / Morning Consult. Get the data
Building Confidence
As part of his proposed infrastructure plan, President Joe Biden is asking Congress for $111 billion to improve water delivery systems, replace lead pipelines and tackle other contaminants. The plan also proposes improvements for small water systems and underserved communities.
These are critical steps to rebuild trust. Yet, in my view, the U.S. Environmental Protection Agency should also provide better public education about water quality testing and targeted interventions for vulnerable populations, such as children and underserved communities. Initiatives to simplify and improve water quality reports can help people understand what's in their water and what they can do if they think something is wrong with it.
Chart: The Conversation / CC BY-ND. Source: AWWA / Morning Consult. Get the data
Who delivers those messages is important. In areas like Flint, where former government officials have been indicted on charges including negligence and perjury in connection with the water crisis, the government's word alone won't rebuild trust. Instead, community members can fill this critical role.
Another priority is the 13%-15% of Americans who rely on private well water, which is not regulated under the Safe Drinking Water Act. These households are responsible for their own water quality testing. Public funding would help them test it regularly and address any problems.
Public distrust of tap water in the U.S. reflects decades of policies that have reduced access to reliable, safe drinking water in communities of color. Fixing water lines is important, but so is giving people confidence to turn on the tap.
Asher Rosinger is an assistant professor of biobehavioral health, anthropology, and demography and director of the Water, Health, and Nutrition Laboratory at Penn State University.
Disclosure statement: Asher Rosinger receives funding from the National Science Foundation on an unrelated project. This work was supported by the Ann Atherton Hertzler Early Career Professorship funds, and the Penn State Population Research Institute (NICHD P2CHD041025). The funders had no role in the research or interpretation of results.
Reposted with permission from The Conversation.
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