You Are What You Eat: Using Trademark Law to Address Consumer Confusion in Food Labeling

Authors

Brooke Raniere, University of Georgia School of Law

Abstract

America is experiencing a health crisis. Our grocery store promulgates illusions of endless food choices; however, this abundance is sustained by only a handful of dominating food conglomerates. With the increased centralization of power in the food supply system, foods have generally become ultra-processed and unhealthier. Companies often use strategic marketing through packaging design, labeling, and food names to capture additional consumers through health claims that often do not reflect these foods' contents. As American citizens' average health continues to decline, large food conglomerates have increasingly pushed the boundaries of what they can claim, creating vast confusion and mislabeling in the marketplace. This Note explores how trademark law in the United States can be modified to better protect consumers against confusion and misleading food labeling practices. The Note analyzes the current legal approach to false advertising claims on food packaging under a trademark regime and considers how other countries approach trademarking health-related food labels.

Recommended Citation

Brooke Raniere, You Are What You Eat: Using Trademark Law to Address Consumer Confusion in Food Labeling, 32 J. Intell. Prop. L. 123 (2025).
Available at: https://digitalcommons.law.uga.edu/jipl/vol32/iss2/7