Chile and other countries with these labeling systems have a constitutional right to health, giving them the legal authority to regulate health claims and advertising. In contrast, new labeling laws in the U.S. face more challenges. However, there are signs of progress: in 2022, the White House tasked the FDA with creating a standardized front-of-package labeling system. Additionally, a bill was introduced in Congress to direct the FDA to develop warning labels for unhealthy foods and drinks.
Food manufacturers will likely resist these changes, arguing that they will increase costs for consumers. Yet, studies from Chile showed minimal impact on jobs, wages, and profits in the food industry. Manufacturers may also fight labeling in court, but if the FDA uses shapes or colors instead of words to indicate unhealthy products, it may bypass free speech issues.
A 2019 study suggested that warning labels on sugary drinks alone could reduce obesity in U.S. adults by 3.1 percentage points over five years, equating to five million fewer obese adults. In response to such policies, food companies may reformulate products to avoid warning labels, as seen in Chile.