ABSTRACT

Functional foods are a growing niche of the global food market, but their proliferation has sparked controversy among nutritionists, policymakers, consumers, and producers. Generally described as foods that have a function beyond their nutritional value, functional foods tempt consumers with a variety of health and welfare claims from the prevention of heart disease to better gastrointestinal health to cancer prevention. However, to what extent are the health claims advanced by these producers and attached to these foods legitimate? Who conducts the research into the authenticity of these claims and how are those researchers held accountable? Finally, how do policymakers confront the regulatory challenges posed by foods that are linked to a wide variety of health claims? This paper discusses functional foods as they are marketed and regulated in the United States. It includes perspectives from nutritionists, jurists, food policy professionals, and food scientists and examines the regulatory questions that have attended the growth of this food market niche.