Title: A Psychological Model of Food and Drug Law (1997 Third Year Paper)
Author(s): Chadwick A. Ho
Subject & Subject keywords: Food and Drug Law "FDA" "risks" "terminal patients" "labeling"
Abstract:We should begin to notice the FDA's dilemma: although its regulations implicate consumer thought and behavior, humans are not perfectly rational, predictable beings. Unfortunately, the government has never systematically studied the errors, biases, and tendencies to which people are often susceptible. It is in this regard that the field of psychology could prove to be a valuable resource to the FDA as well as the courts responsible for adjudication. At least one publication recognizes "potential contributions of psychology...to public policy and legal issues (e.g.,...analyzing the fit between FDA policies on food labeling and research on comprehension)...."

To that end, this paper offers for consideration a psychological approach to food and drug law. It will first provide a very brief overview of psychology as a science. Second, this paper will illustrate examples of potential areas where psychology might prove informative to the field of food and drug law. These potential applications will be discussed in the context of three ongoing debates: 1) Should the legal standard for "misleading" labels be geared toward the "reasonable" or "ignorant, unthinking" consumer? 2) Why have warning labels been ineffective? 3) Should terminal patients have access to new drugs not yet approved by FDA? Finally, this paper will respond to a few criticisms of studying psychology in a food and drug law context.