Melbourne Law School - Research Publications
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ItemAn Impossible Task? Australian Food Law and the Challenge of Novel Meat Analogues(SAGE Publications, 2022-09-01)This paper asks what the regulatory assessment of the novel processed meat analogue products reveals about the nature of food regulation in Australia. We analyse Food Standards Australia and New Zealand’s (‘FSANZ’) assessment of the recent application by Californian technology company Impossible Foods Inc to sell its proprietary burger products which contain a genetically modified protein that is said to make their burger ‘bleed’. We show that FSANZ’s assessment process has little capacity to engage with broader and longer term, social, ecological and public health implications of novel foods and changing food markets. FSANZ’s regulatory pre-approval process focuses almost exclusively on the safety of individual ingredients rather than the impact of novel foods on the food supply as whole and leaves broader issues to the market and consumer choice with limited support from laws addressing misleading labelling and marketing of foods. Extending the capacity of Australia’s regulatory regime for food to deal with more than the safety of individual ingredients will become more urgent as other novel foods, such as cell-based meats, enter the marketplace.
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ItemAn Ecological Approach to Regulatory Studies?(Wiley-Blackwell Publishing, 2018)Regulatory studies has been mainly occupied with addressing the social and economic crises of contemporary capitalism through instrumentally and responsively rational approaches. This article asks how regulatory scholarship can better respond to the ecological crisis now facing our world and our governance systems alongside social and economic crises. There are both possibilities and problems with instrumentally rational regulatory approaches that see human ecological impact as an externality or market failure and socio-legal approaches to regulatory studies that emphasize the need to attend to the social and political aspects of regulation using a responsively rational approach. A third big shift towards an ecologically rational approach to regulatory studies is needed to comprehend our embeddedness within ecological systems. An ecologically rational approach also calls for an understanding of how multiple, diverse ways of sustainable being can intersect with and challenge current regulatory regimes dominated by an instrumentally rational approach.
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ItemBook Review: Impact: How Law Affects Behavior(Wiley, 2017)
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ItemResponsible investing for food system sustainability: A review of current practice in Australia(Thomson Reuters (Professional), 2021)This study investigates what role if any responsible investment by the finance sector is playing in promoting sustainable food systems in Australia. We report the findings of a preliminary desktop review of environmental, social and governance reporting by 35 of the most prominent responsible investment funds managers in Australia. Only one responsible investment fund had a comprehensive policy in relation to food system themes and 16 did not specifically mention the environmental, social and governance issues raised by food systems at all. Some addressed labour rights and intensive animal agriculture issues in the food system, and a few mentioned the climate change, biodiversity loss and water impacts of food. We conclude that a more comprehensive and holistic approach to consideration of sustainable food systems in responsible investment is required to meet the goals set by the Paris Agreement, Sustainable Development Goals and other environmental and human rights frameworks.
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ItemPromoting a healthier, younger you: The media marketing of anti-ageing superfoods(SAGE PUBLICATIONS LTD, 2021-05-01)The growing availability of products labelled ‘superfoods’ has been a major marketing success story. While little scientific evidence supports the claims regarding the health-enhancing, age-defying benefits to be derived from the consumption of superfoods, marketers have been able to effectively promote these products for what they promise. This article explores the pedagogic role performed by media in marketing ‘superfoods’ in the contemporary context of food normlessness (‘gastro-anomy’). Using Foucault’s ideas on the workings of power and governance and drawing on data from an analysis of Australian media items on superfoods published between 1995 and 2014, the article reveals the techniques by which superfoods are promoted as the means for fashioning a healthier, younger self. It is argued that ‘superfoods’ is an ill-defined, ambiguous category, whose marketing is assisted through the confounding and confusing of news and advertising in media coverage, and the extensive use of promissory statements, scientific claims and personal forms of address that connect directly with audiences. We conclude by observing that while citizens may seek to live their lives according to the ideals of healthism, the media serves as a platform to promote neoliberal norms and values, such as consumer choice, accountability and the anxiety that goes along with them and that feeds the pursuit of ‘superfoods’.
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ItemUnderstanding the Political Challenge of Red and Processed Meat Reduction for Healthy and Sustainable Food Systems: A Narrative Review of the Literature(KERMAN UNIV MEDICAL SCIENCES, 2020-12-02)BACKGROUND: Diets high in red and processed meat (RPM) contribute substantially to environmental degradation, greenhouse gas (GHG) emissions, and the global burden of chronic disease. Recent high-profile reports from international expert bodies have called for a significant reduction in global dietary meat intake, particularly RPM, especially in high-income settings, while acknowledging the importance of animal-sourced foods to population nutrition in many lower-income countries. However, this presents a major yet under-investigated political challenge given strong cultural preferences for meat and the economic importance and power of the meat industry. METHODS: A theoretically-guided narrative review was undertaken. The theoretical framework used to guide the review considered the interests, ideas and institutions that constitute food systems in relation to meat reduction; and the instrumental, discursive and structural forms of power that actors deploy in relation to others within the food system. RESULTS: High production and consumption levels of RPM are promoted and sustained by a number of factors. Actors with an interest in RPM included business and industry groups, governments, intergovernmental organisations, and civil society. Asymmetries of power between these actors exist, with institutional barriers recognised in the form of government-industry dependence, trade agreement conflicts, and policy incoherence. Industry lobbying, shaping of evidence and knowledge, and highly concentrated markets are key issues. Furthermore, prevailing ideologies like carnism and neoliberalism present embedded difficulties for RPM reduction. The literature noted the power of actors to resist meat reduction efforts exists in varying forms, including the use of lobbying, shaping of evidence and knowledge, and highly concentrated markets. CONCLUSION: There are a number of political challenges related to RPM reduction that contribute to policy inertia, and hence are likely to impede the transformation of food systems. Research on policy efforts to reduce RPM production and consumption should incorporate the role of power and political feasibility.
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ItemConsumer Power to Change the Food System? A Critical Reading of Food Labels as Governance Spaces: The Case of Agai Berry Superfoods(University of Arkansas, School of Law, 2019)This article argues that the marketing claims on food labels are a governance space worthy of critical examination. We use a case study of superfood agai berry products to illustrate how marketing claims on food labels encapsulate dominant neoliberal constructions of global food systems. These marketing claims implicitly promise that by making careful choices consumers can resist and redress the ravages of unbridled global capitalism.
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ItemThe Extent to Which Obesity and Population Nutrition Are Considered by Institutional Investors Engaged in Responsible Investment in Australia-A Review of Policies and Commitments(FRONTIERS MEDIA SA, 2020-12-23)INTRODUCTION: Responsible investment (RI), in which environmental, social and governance (ESG) considerations are incorporated into investment decision making, is a potentially powerful tool for increasing corporate accountability and improving corporate practices to address broad societal challenges. Whilst the RI sector is growing, there is limited understanding of the extent to which pressing social issues, such as obesity and unhealthy population diets, are incorporated within RI decision making. This study aimed to investigate the extent to which obesity prevention and population nutrition are considered by Australian institutional investors engaged in responsible investment. METHODS: A desk-based review was conducted of investment approaches of prominent Australian asset managers and superannuation funds identified as engaged in responsible investment. Relevant information on the incorporation of ESG issues related to obesity and population nutrition was extracted for each investor, drawing on websites, published policy documents and annual reports. Strategies were categorized as: (1) negative/exclusionary screening; (2) positive/best-in-class screening; (3) norms-based screening; (4) ESG integration; (5) sustainability-themed investing; (6) impact/community investing; and (7) corporate engagement and shareholder action. These strategies were compared across investors and by themes related to obesity and population nutrition. RESULTS: Eighteen of the 35 investors indicated that they applied investment strategies that considered issues related to obesity and population nutrition. The most commonly identified strategy was ESG integration (n = 12), followed by sustainability-themed investing (n = 6), and positive screening (n = 4). The ways in which obesity and population nutrition were considered as part of these approaches included relatively high-level general health considerations (n = 12), considerations around the healthiness of food company product portfolios (n = 10), and consideration of specific company nutrition policies and practices (n = 4). The specificity and depth to which RI strategies were disclosed varied. CONCLUSION: There is significant potential for investment decisions to contribute to efforts to address key social issues, such as obesity and unhealthy diets. Some institutional investors in Australia have recognized the potential importance of incorporating obesity- and population nutrition-related issues into decision-making processes. However, the extent to which these considerations translate into investment decisions and their impact on companies in the food sector warrant further exploration.
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ItemHow Free Is Sow Stall Free? Incremental Regulatory Reform and Industry Co-optation of Activism(WILEY, 2020-07-01)This article critically examines how interactions between social movement activism, supermarkets, and the pork industry led to the voluntary adoption of “sow stall free” standards in Australia. We “backwards map” the regulatory space behind “sow stall free” products to show how the movement against factory farming became selectively focused on the abolition of one form of confinement for sows, rather than other forms of confinement and the conditions of the sows’ offspring, the piglets that are consumed. We argue that this facilitated an incremental shift to “sow stall free” production, allowing the concept of pig welfare to be corporatized in a way that maintains the dominant model of factory farmed pig meat production.
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ItemSUSTAINABLE HEALTHY FOOD CHOICES: THE PROMISE OF 'HOLISTIC' DIETARY GUIDELINES AS A NATIONAL AND INTERNATIONAL POLICY SPRINGBOARD(QUEENSLAND UNIV TECHNOLOGY, 2018-01-01)A healthy diet is generally a sustainable diet. This point is illustrated in the large body of work exploring the interconnections between public health nutrition and environmental issues associated with food choices. Unhealthy diets and their contribution to diet-related noncommunicable diseases (NCDs) are receiving growing attention from international and national policy-makers. Dietary guidelines that inform consumers about food choices and that shape policy actions to enable choices in line with the guidelines are foundational to both national and international responses to diet-related NCDs. The purpose of this paper is to argue for holistic dietary guidelines as part of national and international policy responses to diet-related NCDs. Holistic dietary guidelines simultaneously address health and environmental sustainability to address common causes and harness synergistic solutions. They are based on evidence, and free of conflicts of interest. Moreover, they act as a policy springboard for effective regulatory action to change the food environment and not just as an education tool. Holistic dietary guidelines raise potential concerns under international trade and investment law, for example, to the extent that such guidelines promote local products as a means of supporting both nutritional and environmental health. These issues will be examined in more depth in a second paper in this special issue that follows on from this one.