Abstract
The role that food corporations have in determining our health and nutrition is concomitant with the power and influence that corporations exercise across all commercial sectors. These large, powerful, and often multinational entities – collectively referred to as Big Food – employ a robust array of strategies to advance the organizational interests associated with a seemingly paradoxical business model: securing the continuous and ever-growing consumption of food products increasingly associated with negative health outcomes. As this model proliferates globally, the implications of this contradiction warrant specific attention to the activities of Big Food corporations through a critical criminological framework. The pervasive and increasingly legitimized activity of Big Food relies on a legal, regulatory, and moral framework that allows for the relegation of all non-market oriented value systems to be secondary to a pro-corporatist ideological and moral superstructure. Whereas previous scholarship has contributed to an understanding of what occurs when profit-maximization values collide with – and then co-opt – public health and nutrition interests, the present study offers a spectrum-based theory to explain how various degrees of food fraud are systematically incentivized by the legal privileges of corporations and the hegemonic moral economy of neoliberal governance.
Similar content being viewed by others
Notes
The top twenty rankings in the Forbes 500 list (2017) also include food retailers such as Walmart (#1), Costco (#16) and Kroger (#18). Amazon (#12) can be considered as part of Big Food insofar as the company increases its logistics and supply-chain activities related to the Amazon Pantry service. Amazon’s ranking may change in the near future due to the company’s 2017 purchase of Whole Foods [4].
For example, emerging subfields that represent this widening of the criminological research base include studies on wildlife criminology [41] and conservation criminology [42]; rural criminology [43]; translational criminology [44]; and crimmigration [45, 46]. Conversely, lines of inquiry that might have traditionally been associated with crime and justice studies have been addressed in other disciplines. For example, the Johns Hopkins University Center for Gun Policy and Research is housed within the Bloomberg School of Public Health. An example closer to the present topic includes the work of Walters [47], who articulated the criminological relevance of corporate activities related to genetically modified food.
By this they mean the state or quality of producing conditions favorable to whatever is labeled as “crime.” The term is not deterministic, but probabilistic, in that the corporate form will not inevitably produce “crimes” in all corporations, but instead incentivize the consistent maintenance of some rate or statistical likelihood of crime.
Official criminal justice data (e.g., the National Incident-Based Report System) suggest that fraud is overwhelmingly committed by blue-collar, non-elite offenders, or “garden-variety” offenses as coined by the Yale White-Collar Crime Project (see [57, 58]). Yet the most measurably harmful forms of conscious, intentional decisions are not at the level of street crime but attributable to the crimes of the powerful (see [17, 28]).
For example, the 18 U.S. Code Chapter 47 contains the statutes related to federal criminal offenses, ranging from fraudulent statements, bank fraud, check fraud, public assistance fraud, and more (see [70]).
As Charles Harrington [90], Assistant Professor of Hygiene at Harvard Medical School once stated at the 1903 meeting of the Laboratory Section of the American Public Health Association: “[Sodium sulfite] is a food preservative…used more especially on account of its effect on the appearance of the food to which it is added, its preservative influence being decidedly a minor consideration. It confers upon mince meat an abnormally brilliant red color, which conveys to the purchase the idea of freshness. Its most extensive use is in the preparation of that form of minced meat which we know as ‘Hamburg Steak.’ This is made from beef trimming and inferior parts of the carcass; and after it has received its chemical treatment, it takes on a redness that is much more pleasing to the eye than the grayish-brown color which develops within a few hours if no sulphite is added…Meat which is in reality well advanced in decomposition is readily disposed of as perfectly fresh, for although the number of bacteria per gram may run as high as 500 millions, it may give off no marked odor. The Paisano defendants ultimately faced conviction of only one felony count.
We do not endorse nor intend to imply support for the death penalty in state-corporate food crime. The Chinese milk scandal is selectively chosen to demonstrate how private agents (or institutions) can conceivably be regulated, or in this case, punished, for what corresponds to an egregious form of food crime.
If the relationship between public health measures and food regulation is one that is primarily within the domain of “free choice” and “individual responsibility”, then a) intentionally misleading claims on food packaging and b) the correspondingly anemic enforcement of laws that might conceivably deter such claims, renders that position indefensible and logically incoherent.
Economist Milton Friedman made his influential pronouncement in Capitalism and Freedom that, “There is one and only one social responsibility of business – to use its resources and engage in activities designed to increase its profits” ([117]:133). Within this doctrine, any social initiative, whether meant to affect employees, communities, or customers, must be subsumed under the profit motive.
When considering state economic intervention, some scholars of the financial industry have studied the contradiction represented by corporate behemoths that are simultaneously too big to fail and too big to jail, placing regulators in the untenable (i.e., contradictory) position of having to punish normal capitalist behavior while also ensuring their continuation ([121, 122]: 526).
Tombs and Whyte [39] provide historical examples from the age of exploration and colonial era, where state entities granted corporate charters that would symbiotically benefit the sponsoring state and the sponsored private party. Today, economic indices continue to influence how political and legislative power-holders navigate the concerns of their constituencies. A thriving economy – no matter how disparate the distributive benefits – symbiotically benefits political incumbents and private coffers.
For example, the law schools whose graduates are perceived as being of the highest public and private pedigree also generate scholarship that influences the legal profession [133, 134]. The Yale Law Journal – one of the most highly regarded legal publications in the world – would likely include in its readership the entire federal judiciary, considering that every single Supreme Court Justice attended law school at either Harvard or Yale [133]. In a 2008 publication in The Yale Law Journal, Diskant [135] asserts that “corporations are under attack” and that “the area of arguably greatest risk to corporations in Modern America [is] criminal prosecution” (p. 128). The first three words of this article are “In Post-Enron America,” consistent with the tone of disagreement with the ways in which the Department of Justice “aggressively” prosecuted Enron for their fraudulent activity (see [95]).
References
United States Department of Agriculture, Economic Research Service. (2017). Ag and food sectors and the economy. Ag and Food Statistics: Charting the Essentials Retrieved June 14, 2017 (https://www.ers.usda.gov/data-products/ag-and-food-statistics-charting-the-essentials/ag-and-food-sectors-and-the-economy.aspx.
Plunkett Research. 2017. “Plunkett’s food industry market research.” PRL. Retrieved June 14, 2017 (https://www.plunkettresearch.com/industries/food-beverage-grocery-market-research/).
McGrath, Maggie. 2016. “World’s largest food and beverage companies 2017: Nestle, Pepsi And Coca-Cola Dominate The Field.” Forbes, May 27. Retrieved June 14, 2017 (https://www.forbes.com/sites/maggiemcgrath/2017/05/24/worlds-largest-food-and-beverage-companies-2017-nestle-pepsi-and-coca-cola-dominate-the-landscape/).
Fortune. (2017). Fortune 500 companies 2017: Who made the list. Fortune Retrieved June 22, 2017 (http://fortune.com/fortune500/list/.
Moss, M. (2013). Salt, sugar, fat: How the food giants hooked us. New York: Random House Retrieved June 9, 2013 (http://michaelmossbooks.com/books/salt-sugar-fat/.
Nestle, M. (2002). Food politics: How the food industry influences nutrition and health. Berkeley: University of California Press.
Tempels, T., Verweij, M., & Blok, V. (2017). Big Food's ambivalence: Seeking profit and responsibility for health. AJPH Law & Ethics, 107(3), 402–406.
Brownell, K. D., & Warner, K. E. (2009). The perils of ignoring history: Big tobacco played dirty and millions died. How similar is big food? The Milbank Quarterly, 87(1), 259–294.
Moodie, Rob, David Stuckler, Carlos Monteiro, Nick Sheron, Bruce Neal, Thaksaphon Thamarangsi, Paul Lincoln, and Sally Casswell. 2013. Profits and pandemics: Prevention of harmful effects of tobacco, alcohol, and ultra-processed food and drink industries. The lancet 381, (9867) (Feb 23): 670-9, http://proxygw.wrlc.org/login?url=https://search.proquest.com/docview/1319222502?accountid=11243 (accessed September 25, 2017).
Stuckler, D., McKee, M., Ebrahim, S., & Basu, S. (2012). Manufacturing epidemics: The role of global producers in increased consumption of unhealthy commodities including processed food, alcohol, and tobacco. PLoS Medicine, 9(6), e1001235.
Weishaar, H., Dorfman, L., Freudenberg, N., Hawkins, B., Smith, K., Razum, O., & Hilton, S. (2016). Why media representations of corporations matter for public health policy: A scoping review. BMC Public Health, 16, 899.
O'Connor, A. (2016). Coke and Pepsi give millions to public health, then lobby against it. New York Times. Oct. 10. (https://www.nytimes.com/2016/10/10/well/eat/coke-and-pepsi-give-millions-to-public-health-then-lobby-against-it.html?_r=0).
Dorfman, L., Cheyne, A., Friedman, L. C., Wadud, A., & Gottlieb, M. (2012). Soda and tobacco industry corporate social responsibility campaigns: How do they compare? PLoS Medicine, 9(6), e1001241.
Ken, I. (2014a). A healthy bottom line: Obese children, a pacified public, and corporate legitimacy. Social Currents, 1(2), 130–148.
Nixon, et al. (2015). "We're part of the solution": Eovlution of the food and beverage industry's framing of obestiy concerns between 2000 and 2012. American Journal of Public Health, 105(11), 2228–2236.
United States Department of Agriculture and Health and Human Services. (2015-2020). Dietary guidelines for Americans (8th ed.). DC: Washington.
Barak, Gregg. 2017. Unchecked corporate power – Why the crimes of multinational corporations are routinized away and what we can do about it. Routledge.
Stewart, J. B. (2015). In corporate crimes. The New York Times: Individual Accountability is Elusive. https://www.nytimes.com/2015/02/20/business/in-corporate-crimes-individual-accountability-is-elusive.html.
Whyte, D., & Wiegratz, J. (2017). Neoliberalism and the moral economy of fraud. Routledge.
Yeager, P. C. (2009). Science, values and politics: An insider’s reflections on corporate crime research. Crime, Law and Social Change, 51, 5–30.
Brownell, K. D. (2012). Thinking forward: The quicksand of appeasing the food industry. PLoS Medicine, 9(7), e1001254.
Stuckler, D., & Nestle, M. (2012). Big food, food systems, and Global Health. PLoS Medicine, 9(6), e1001242.
Buell, S. W. (2006). Novel criminal fraud. New York University Law Review, 81, 1971–2043. https://scholarship.law.duke.edu/faculty_scholarship/2172.
Michalowski, R. J. (2016). What is crime? Critical Criminology, 24, 181–199.
Schwendinger, H., & Schwendiger, J. (1970). Defenders of order or guardians of human rights? Issues in Criminology, 5(2), 123–157.
Alvelsalo, A., & Tombs, S. (2002). Working for criminalisation of economic offending: Contradictions for critical criminology? Critical Criminology, 11, 21–40.
Pemberton, S. (2007). Social harm future(s): Exploring the potential of the social harm approach. Crime, Law and Social Change, 48, 27–41.
Friedrichs, D. (2000). State crime or governmental crime: Making sense of the conceptual confusion. In J. Ross (Ed.), Controlling state crime. New Jersey: Transaction Publishers.
Friedrichs, David O. 2015. “Crimes of the powerful and the definition of crime”. Pp. 39–49 in The Routledge International Handbook of the Crimes of the Powerful, edited by G. Barak. London: Routledge.
Friedrichs, D. O., & Schwartz, M. D. (2007). Editor’s introduction: On social harm and a twenty-first century criminology. Crime Law and Social Change, 48, 1–7.
Schwendinger, H., & Schwendiger, J. (1972). The continuing debate on the legalistic approach to the definition of crime. Issues in Criminology, 7(1), 71–81.
Rothe, D. L., & Mullins, C. W. (2010). State crime: Current perspectives. Critical Issues in Crime and Society: Rutgers University Press.
Chambliss, W. J., Michalowski, R., & Kramer, R. (2010). State crime in the global age. Portland: Willan.
Hillyard, P., & Tombs, S. (2007). From ‘crime’ to social harm? Crime. Law and Social Change, 48(1), 9–25.
Michalowski, R., & Kramer, R. (2006). State-corporate crime: Wrongdoing at the intersection of business and government. New Brunswick, NJ: Rutgers University Press.
Matthews, R. A., & Kauzlarich, D. (2007). State crimes and state harms: A tale of two definitional frameworks. Crime, Law, and Social Change, 48, 43–55.
Shichor, D. (2009). "scholarly influence" and white-collar crime scholarship. Crime Law and Social Change, 51, 175–187.
Hagan, J. (2010). Who are the criminals? The politics of crime policy from the age of Roosevelt to the age of. Reagan: Princeton University Press.
Tombs, S., & Whyte, D. (2015). The corporate criminal: Why corporations must be abolished. Routledge.
Wonders, N. (2016). Just-in-time justice: Globalization and the changing character of law, order, and power. Critical Criminology, 24, 201–216.
Moreto, W. D. (2016). Introduction to special issue. Trends in Organized Crime, 19, 1–3. https://doi.org/10.1007/s12117-016-9266-3.
Gore, Meredith L. 2017. Conservation Criminology (ed.). Wile-Blackwell.
Donnermeyer, J. F. (2016). The Routledge international handbook of rural criminology. Routledge.
Laub, J. H. (2011). What is translational criminology? NIJ Journal No., 268. https://www.nij.gov/journals/268/Pages/criminology.aspx.
Bosworth, M., Franko, K., & Pickering, S. (2018). Punishment, globalization and migration control: ‘get them the hell out of here. Punishment & Society, 20(1), 34–53.
Stumpf, J. (2006). The crimmigration crisis: Immigrants, crime, and sovereign power. American University Law Review, 56(2), 367–419.
Walters, R. (2004). Criminology and genetically modified food. The British Journal of Criminology, 44(2), 151–167.
Chambliss, W. J., & Zatz, M. S. (1993). Making law: The state, law and structural contradictions. Bloomington: Indiana University Press.
Whyte, D. (2009). Crimes of the powerful: A reader. Readings in Criminology and Criminal Justice. Series Editor Sandra Walklate: Open University Press.
Wonders, N., & Danner, M. J. E. (2006). Globalization, state-corporate crime, and women: The strategic role of women’s NGOs in the new world order. In R. C. Kramer & R. J. Michalowski (Eds.), State-corporate crime: Wrongdoing at the intersection of business and government. New Brunswick, NJ: Rutgers University Press.
Pearce, Frank. 2001. Crime and capitalist business organisations, in Shover, N. And Wright, J.P. (eds) crimes of privilege: Readings in white collar crime, Oxford University press, pp. 35-48.
Ken, I. (2014b). Profit in the Food Desert: Walmart stakes its claim. Theory in Action, 7(4), 13–32.
Ben-Achour, S. 2013. The business strategy in plausible deniability. Marketplace. (https://www.marketplace.org/2013/04/25/business/business-strategy-plausible-deniability).
Sethi, P. (2014). The Wal-Mart affair – Where implausible deniability is the coun of the realm. Corporate Governance, 14(3), 424–451.
Croall, H. (2007). Food crime. In P. Beirne & N. South (Eds.), Issues in green criminology (pp. 206–229). Willan: Collumpton.
Croall, H. (2013). Food crime: A green criminology perspective. In N. South & A. Brisman (Eds.), International handbook of green criminology (pp. 167–183). London: Routledge.
Johnson, D. T., & Leo, R. A. (1993). Review: The Yale white-collar crime project review and critique. Law and Social Inquiry, 18(1), 63–99.
Weisburd, D., Wheeler, S., Waring, E., & Bode, N. (1991). Crimes of the middle-classes: White collar offenders in the federal courts. New Haven, CT: Yale University Press.
Croall, H. (2009). White collar crime, consumers and victimization. Crime, Law and Social Change, 51, 127–146.
Friedrichs, David. 2007. Trusted criminals: White-collar crime in contemporary society. 3rd ed. Thompson Wadsworth.
Newman, D. J. (1957). Public Atittutes toward a form of white collar crime. Social Problems, 4(3), 228–232.
Bucheli, M. (2005). Bananas and business: The united fruit company in Colombia, 1899–2000. New York University Press.
Merleaux, A. (2015). Sugar and civilization: American empire and the cultural politics of sweetness. University of North Carolina Press.
Mintz, Sidney W. 1985. Sweetness and power: The place of sugar in modern history. Penguin Books.
Pilcher, J. M. (2012). The Oxford handbook of food history, edited by Jeffrey Pilcher. Oxford University Press.
Spink, J., & Moyer, D. C. (2011). Defining the public health threat of food fraud. Journal of Food Science, 76(9), R157–R163. https://doi.org/10.1111/j.1750-3841.2011.02417.x.
Leighton, Paul. 2015. “Mass salmonella poisoning by the peanut corporation of America: state-corporate crime involving food safety.” 24:75–91.
Smith, J., & Dwight, C. (1980). Paragons, pariahs, and pirates: A Spectrum-based theory of Enterprise. Crime & Delinquency, 26(3), 358–386. https://doi.org/10.1177/001112878002600306.
Kauzlarich, D., Mullins, C., & Matthews, R. (2010). A complicity continuum of state crime. Contemporary Justice Review: Issues in Crimina, Social, and Restorative Justice, 6(2), 241–254.
Legal Information Institute. n.d. 18 U.S. Code Chapter 47 - FRAUD AND FALSE STATEMENTS. Cornell University. Accessed 2 May 2018. (https://www.law.cornell.edu/uscode/text/18/part-I/chapter-47).
Marklein, Mary B. 2014, Jan 28. Cantaloupe farmers get no prison time in disease outbreak. USA Today. Accessed 12 June 2017. (https://www.usatoday.com/story/news/nation/2014/01/28/sentencing-of-colorado-cantaloupe-farmers/4958671/).
Department of Justice (DOJ). 2015. Former peanut company president receives largest criminal sentence in food safety case; two others also sentenced for their roles in Salmonella-tainted peanut product outbreak. United States Department of Justice – Justice News. Accessed 11 June 2017. (https://www.justice.gov/opa/pr/former-peanut-company-president-receives-largest-criminal-sentence-food-safety-case-two).
Barboza, David. 2001, Jun 23. Sara lee Corp. Pleads Guilty in Meat Case. The New York Times. Accessed 11 June 2017. (http://www.nytimes.com/2001/06/23/us/sara-lee-corp-pleads-guilty-in-meat-case.html?mcubz=1).
Harrison, G. (2010). Neoliberal Africa: The impact of global social engineering. London: zed Books.
Harrison, G. (2005). “Economic faith, social project and a misreading of African society: The travails of neoliberalism in Africa.” Third World Quarterly, 26(8), 1303–1320.
Basu, Moni. 2015, Sep 22. 28 years for salmonella: Peanut exec gets groundbreaking sentence. CNN. Accessed 12 June 2017. (http://www.cnn.com/2015/09/21/us/salmonella-peanut-exec-sentenced/index.html).
Scott, C., & Nixon, L. (2017). The shift in framing of food and beverage product reformulation in the United States from 1980 to 2015. Critical Public Health (http://www.tandfonline.com.proxygw.wrlc.org/doi/full/10.1080/09581596.2017.1332756?scroll=top&needAccess=true).
Aaron, DG., & Siegel, MB. (2017). “Sponsorship of national health organizations by two major soda companies.” American Journal of Preventive Medicine, 52(1), 20–30.
Taylor, K. (2016). PepsiCo being sues over its naked juice marketing. Business Insider. Oct. 4. (http://www.businessinsider.com/pepsico-sued-for-naked-juice-marketing-2016-10).
Domonoske, C.. (2016). 50 years ago, sugar industry quietly paid scientists to point blame at fat. NPR. (https://www.npr.org/sections/thetwo-way/2016/09/13/493739074/50-years-ago-sugar-industry-quietly-paid-scientists-to-point-blame-at-fat).
Los Angeles Times Wire Services. (1998). “Odwalla pleads guilty, will pay $1.5 million in juice case.” Los Angeles Times. July 24. Retrieved July 30, 2018. (http://articles.latimes.com/1998/jul/24/business/fi-6616).
United States Department of Justice. 2013. “Eric and Ryan Jensen charged with introducing tainted cantaloupe into interstate commerce.” The United States attorney’s office, district of Colorado. Retrieved July 30, 2018. (https://www.justice.gov/usao-co/pr/eric-and-ryan-jensen-charged-introducing-tainted-cantaloupe-interstate-commerce).
Barboza, D. (2001). “Sara Lee corp. Pleads guilty in meat case.” New York Times Jun.23. Retrieved July 30, 2018. (https://www.nytimes.com/2001/06/23/us/sara-lee-corp-pleads-guilty-in-meat-case.html).
BBC News. (2009). China executes two over tainted milk powder scandal. Accessed 12 June 2017. (http://news.bbc.co.uk/2/hi/asia-pacific/8375638.stm).
The Associated Press. 2016, Dec. 13. ConAgra agrees to pay $11.2 million in Salmonella outbreak. The New York times. Access 11 June 2017. (https://www.nytimes.com/2016/12/13/business/conagra-agrees-to-pay-11-2-million-in-salmonella-outbreak.html?mcubz=1&_r=0).
Durbin, Dee-Ann. 2001. Sear lee pleads guilty in meat case. The Los Angeles Times. Jun. 23. (http://articles.latimes.com/2001/jun/23/business/fi-13740).
Flynn, Dan. 2012a, May 4. Reprieve from Criminal Prosecutions May Be Ending for Food Execs. Food Safety News. Accessed 12 June 2017. (http://www.foodsafetynews.com/2012/05/criminal-prosecution-drought-may-be-ending-for-food-execs/#.WUnsAsn_oUE).
Times Wire Services. 1998. Odwalla pleads guilty, will pay $1.5 million in juice case. The Los Angeles Times. Jul. 24. (http://articles.latimes.com/1998/jul/24/business/fi-6616).
Flynn, Dan. 2012b. Federal meat & poultry inspectors add up busy quarter. Food Safety News. Feb. 25. (http://www.foodsafetynews.com/2012/02/federal-meat-poultry-inspectors-add-up-busy-quarter/#.Wh9MlrSpnUI).
Harrington, C. (1904). Sodium Sulphite: A dangerous food-preservative. The Journal of Infectious Diseases, 1(2), 355–357 Retrieved from http://www.jstor.org/stable/30071817.
Barboza, David. 2009, Jan 22. Death Sentences in Chinese Milk Case. The New York Times. Accessed 12 June 2017. (http://www.nytimes.com/2009/01/23/world/asia/23milk.html?rref=collection%2Ftimestopic%2FMelamine).
Doyle, Charles. 2013. Corporate criminal liability: AN overview of Federal law. Congressional Research Service. October 30. (https://pdfs.semanticscholar.org/b995/73453119bf1b11bddfdaf900c0488b61581c.pdf).
Leon, K. S., & Ken, I. (2017). Food fraud and the partnership for a ‘healthier’ America: A case study in state-corporate crime. Critical Criminology, 25(3), 393–410.
Kwak, J. (2017). America's top prosecutors used to go after top executives. In What changed? The New York: Times. https://www.nytimes.com/2017/07/05/books/review/the-chickenshit-club-jesse-eisinger-.html?_r=0.
Eisinger, Jesse. 2017.s
Department of Justice (DOJ). 1999. Bringing criminal charges against corporations. Memorandum from the Deputy Attorney General to all component heads and United States Attorneys. June 16. (https://www.justice.gov/sites/default/files/criminal-fraud/legacy/2010/04/11/charging-corps.PDF).
Eisenberg, Theodore and Charlotte Lanvers. 2009. What is the settlement rate and why should we care? Cornell Law Faculty Publications. Paper 203. (http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpub).
American Bar Association. 2018. How Courts Work: Steps in a Trial. Accessed October 5, 2017. (https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/cases_settling.html).
Barkai, J., Kent, E., & Martin, P. (2006). A profile of settlement. Court Review; The Journal of the American Judges Association, 42(3), 34–39.
Galanter, Marc and Angela Frozena. 2010. 'A grin without a cat': Civil trials in the federal courts. Paper presented at the 2010 Civil litigation conference, sponsored by the judicial conference advisory committee on civil rules, Durhamn, NC, May 10-11, 2010. (http://www.uscourts.gov/sites/default/files/marc_galanter_and_angela_frozena_a_grin_without_a_cat.pdf).
Office of the Attorney General for the District of Columbia. (2015). Press Release: “District Reaches $19.4 Million Settlement with Food-Service Contractors for DC Public Schools.” June 5, 2015. https://oag.dc.gov/release/district-reaches-194-million-settlement-food-service-contractors-dc-public-schools (accessed February 5, 2018).
New York State Office of the Attorney General. 2012. Press Release: “A.G. Schneiderman Announces $18 Million Settlement With Compass Group USA For Overcharging NYS School Lunch Programs.” https://ag.ny.gov/press-release/ag-schneiderman-announces-18-million-settlement-compass-group-usa-overcharging-nys (accessed February 5, 2018).
New York State Office of the Attorney General. 2010. Press Release: “Attorney General Cuomo Announces $20 Million Settlement With Food Services Company For Overcharging New York Schools.” July 21, 2010. https://ag.ny.gov/press-release/attorney-general-cuomo-announces-20-million-settlement-food-services-company (accessed February 5, 2018).
Lawyers for Civil Justice, Civil Justice Reform Group, and U.S. Chamber Institute for Legal Reform. 2010. Litigation cost survey of major companies. Statement submitted for presentation to Committee on Rules of Practice and Procedure, Judicial Conference of the United States. Duke Law School. May 10–11. (http://www.uscourts.gov/sites/default/files/litigation_cost_survey_of_major_companies_0.pdf).
United States Food, & Administration, D. (2017). "natural" on food labeling. Nov., 11. https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/LabelingNutrition/ucm456090.htm.
Negowetti, N. E. (2014). Food labeling litigation: Exposing gaps in the FDA’s resources and regulatory authority. The Brookings Institution, Washington, DC: Governance Studies at Brookings.
Huehnergarth, N. F. (2017). “Even If It Fails, Lawsuit Accusing Coca-Cola of Consumer Deception Could Yield Benefits for Health Advocates.” Center for Science in the Public Interest. DC: Washington.
Gibson, D., & LLP, C. (2017). “Public Settlement signed by CSPI Pepsi.” February 14, 2017. Center for Science in the public interest. DC: Washington.
The Praxis Project, et al., v. The Coca-Cola Company, et al. Case No. 2017 CA 004801 B (https://cspinet.org/sites/default/files/attachment/CokeABA%20Complaint.pdf) (https://cspinet.org/protecting-our-health/courts).
Chambliss, W. J. (1978). On the take: From petty crooks to presidents. Indiana University Press.
Anand, V., Ashforth, B. E., & Joshi, M. (2005). Business as usual: The acceptance and perpetuation of corruption in organizations. The Academy of Management Executive, 19(4), 9–23.
Stein, Perri. 2016, July 13. D.C. Council approves new food service vendor for D.C. Public Schools. The Washington Post. Accessed 12 June 2017. (https://www.washingtonpost.com/local/education/dc-council-approves-new-food-service-vendor-for-dc-public-schools/2016/07/13/1892fcc8-4864-11e6-acbc-4d4870a079da_story.html?utm_term=.2e61003a64f3).
Monks, Robert. 2012a. The corporate capture of the United States. Harvard law school forum on corporate governance and financial regulation. Jan. 5. (https://corpgov.law.harvard.edu/2012/01/05/the-corporate-capture-of-the-united-states/).
Monks, Robert. 2012b. Citizens DisUnited: Passive investors, drone CEOs, and the corporate capture of the American dream. Miniver Press.
Schuetze, Christopher F. 2013. Social responsibility and M.B.A.'s. The New York Times. Oct. 20. (http://www.nytimes.com/2013/10/21/education/social-responsibility-and-mbas.html).
eCornell. 2017. How to write market positioning statements. eCornell - A subsidiary of Cornell University. Accessed 2 May 2018. (http://blog.ecornell.com/how-to-write-market-positioning-statements/).
Friedman, M. (1962). Capitalism and freedom. University of Chicago Press.
Pearce, Jeremy. 2009. “Corporate Governance, Corporate Social Responsibility and Corporate Power.” October 8, 2009. 10th international conference on corporate governance, London, UK.
Scott, Courtney. 2017. Understanding nutrition policymaking dynamics in the United States: The case of product reformulation. PhD thesis, London School of Hygiene & Tropical Medicine. https://doi.org/10.17037/PUBS.03894606. http://researchonline.lshtm.ac.uk/3894606/1/2017_PHP_PhD_Scott_C.pdf
Stuckler, D., Basu, S., & McKee, M. (2011). Global health philanthropy and institutional relationships: How should conflict of interest be addressed? PLoS Medicine, 8(4), e1001020.
Barak, G. (2015a). In G. Barak (Ed.), “Introduction: On the invisibility and neutralization of the crimes of the powerful and their victims” in The Routledge International Handbook of the Crimes of the Powerful. New York, NY: Routledge, Introduction.
Barak, M. (2015b). In G. Barak (Ed.), “Collaborative state and corporate crime – Fraud, unions and elite power in Mexico” in The Routledge International Handbook of the Crimes of the Powerful. New York, NY: Routledge.
Kramer, R. C., Michalowski, R. J., & Kauzlarich, D. (2002). “The origins and development of the concept and theory of state-corporate crime”. Crime & Delinquency, 48(2), 263–282.
Chambliss, W. J. (1999). Power, politics, and crime. Boulder, CO: Westview Press.
Comaroff, J. (2011). The end of neoliberalism? What is left of the left. The Annals of the American Academy of Political and Social Science, 637(1), 141–147.
Dodge, M., & Geis, G. (2009). Social and political transformations in white-ciollar crime scholarship: Introductory notes. Crime, Law, and Social Change, 51, 1–3.
Simon, M. (2006). Appetite for profit: How the food industry undermines our health and how to fight back. Philadelphia: Perseus Books.
Lyson, T. A., & Raymer, A. L. (2000). Stalking the wily multinational: Power and control in the US food system. Agriculture and Human Values, 17, 199–208.
Simon, M. (2006). Appetite for profit: how the food industry undermines our health and how to fight back. Philadelphia: Perseus Books.
Hauter, W. (2012). Foodopoly: The battle over the future of food and farming in America. New York: New Press.
Steiger, M. B., & Roy, R. K. (2010). Neoliberalism - a very short introduction. Oxford University Press.
Chambliss, W. J. (1999). Power, politics, and crime. Boulder, CO: Westview Press.
Jackson, Abby. 2016. Every supreme court justice went to Harvard or Yale law school - here's where they went for undergrad. Business Insider. (http://www.businessinsider.com/every-supreme-court-justice-went-to-harvard-or-yale-law-school-heres-where-they-went-for-undergrad-2016-2).
Patrice, Joe. 2016. Ranking the top law reviews. Above the Law. April 5. (https://abovethelaw.com/2016/04/ranking-the-top-law-reviews/).
Diskant, E. B. Comparative Corporate Criminal Liability: Exploring the Uniquely American Doctrine Through Comparative Criminal Procedure. The Yale Law Journal, 118(1), 2–185.
Sabatier, P. A., Leach, D. W., Lubell, M., & Pelkey, N. W. (2005). Theoretical Frameworks Explaining Partnership Success. In In P. A. Sabatier, W. Focht, M. Lubell, Z. Trachtenberg, A. Vedlitz & M. Matlock (Eds.), Swimming Upstream: Collaborative Approaches to Watershed Management(pp. 173–200). Cambridge, MA: MIT Press.
Whyte, D. (2007). The crimes of neo-liberal rule in occupied Iraq. British Journal of Criminology, 47(2), 177–195.
Wiegratz, J., & Cesnulyte, E. (2016). Money talks: Moral economies of earning a living in neoliberal East Africa. New Political Economy, 21(1), 1–25.
Sellin, T. (1938). Culture conflict and crime. New York: Social Science Research Council.
Mills, C. W. (1956). The sociological imagination. New York: Oxford University Press.
National Diabetes Statistics Report. 2017. Estimates of diabetes and its burden in the Untied States. (http://www.diabetes.org/assets/pdfs/basics/cdc-statistics-report-2017.pdf).
Centers for Disease Control and Prevention. 2017. Rates of new diagnosed cases of type 1 and type 2 diabetes on the rise amogn children, teens. CDC Newsroom. Apr. 12. (https://www.cdc.gov/media/releases/2017/p0412-diabtes-rates.html).
Centers for Disease Control and Prevention. 2016. Leading causes of death. National Center for Health Statistics. (https://www.cdc.gov/nchs/fastats/leading-causes-of-death.htm).
Acknowledgements
The authors would like to thank Gregg Barak, Alejandro Portes, Dwight C. Smith, Jr., and the anonymous reviewers of this journal for providing helpful feedback at earlier stages of the manuscript.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Leon, K.S., Ken, I. Legitimized fraud and the state-corporate criminology of food – a Spectrum-based theory. Crime Law Soc Change 71, 25–46 (2019). https://doi.org/10.1007/s10611-018-9787-6
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10611-018-9787-6