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How the Food Industry Uses Big Tobacco’s Playbook

From Observatory

The food industry is adopting strategies reminiscent of Big Tobacco, employing a tactic known as state or “ceiling” preemption. This approach involves promoting weaker state public health laws to override stronger local laws. In the 1960s and 1970s, Big Tobacco faced resistance from public health advocates as cities implemented measures to reduce smoking. However, in the mid-1980s, Big Tobacco reversed local gains by pushing through state preemption laws, overriding stricter local regulations.

This strategy involves promoting state laws that weaken public health measures, such as restrictions on tobacco access, smoke-free environments, and tax increases. The repercussions are long-lasting, taking an average of 11 years to repeal these laws, if at all. The tobacco industryʼs history of targeting low-income and minority communities aligns with the tactics used by the food and beverage industry today.

The four tactics employed by Big Tobacco, lobbying, campaign contributions, local preemption, and legal threats, are now being replicated by the food and beverage industry. Companies like Coca-Cola and McDonaldʼs have successfully influenced the enactment of laws preempting local public health policies on soda taxes, product labeling, and restrictions on junk food marketing to children. Similar to Big Tobaccoʼs tactics, the food industry targets communities of color, exacerbating diet-related health crises.

Lobbying efforts involve trade associations and front groups to influence political agendas. Campaign contributions from the food and beverage industry parallel those made by Big Tobacco in the late 20th century. Local preemption is achieved by inserting preemption clauses into various bills, hindering local democracy. Legal threats serve as a deterrent to the passage of new laws.

Public health advocates have mobilized to counter these tactics, emphasizing proactive lobbying, media exposure, and legal defense. Despite previous successes, challenges persist, with the e-cigarette industry using preemption to limit local regulation of vaping. The article underscores the importance of anticipating and countering preemption attempts by the food industry to prevent policies that degrade public health and deepen existing health inequities.

Read full article "How the Food Industry Uses Big Tobacco’s Playbook" by Gigi Kellett.

🔭   This summary was human-edited with AI-assist.

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