Legal Issues Raised If Sugar Is Deemed “Addictive”
In a recently published article, psychology and law professors discuss research tending to show that the low-cost, highly refined, widely available sugars consumed by Americans may fit the developing definition of an addictive substance and consider whether such a finding would justify a range of legal and regulatory responses. Ashley Gearhardt, et al., “If Sugar Is Addictive … What Does It Mean for the Law?,” Journal of Law, Medicine & Ethics, Spring 2013. Noting that the understanding of addiction and public perceptions shifted when nicotine was declared an addictive substance despite its lack of mind-altering properties and relatively weak withdrawal symptoms, the authors report that the new addiction criteria include an inability to successfully cut down or abstain from a substance, “continued use despite negative consequences,” and diminished control over consumption.
The authors compare the concentration of the coca leaf, with minimal
addictive potential, into crack cocaine, which “‘hijacks’ the reward system for
at-risk individuals,” to sugar’s refinement from a raw fruit, which also contains
fibers and water, into an ingredient in “unnaturally high-sugar food,” whose
addictive potential “is enhanced by the cheapness, accessibility, and heavy
marketing of these products, thus increasing the public health burden.” The
authors also explore research on lab animals showing a preference for sugar
and claim that “this field is growing rapidly.”
The article asks, “If the goal of sugar-addiction research is to lessen the consumption of sugar, then what should be the response of law? . . . What legal tools should be employed?” Without providing definitive answers, the authors suggest that the food industry could respond with self-regulation or that government could respond with regulatory tools, such as labeling requirements, advertising restrictions, taxes, product bans or restrictions, reductions in farm subsidies and sugar programs, and the development of education programs. Class action litigation is also mentioned as a potential regulatory tool. The article concludes by raising the issues that must be considered if sugar meets, for example, the criteria that justify the regulation of alcohol, including “whether there are possible negative aspects of prohibiting sugary products (i.e., soda ban in California schools); whether civil liberties might be violated by proposed regulations; and how regulations might impinge on traditional values of personal responsibility.”
