34 Additionally many schools objected to the increased costs of running

34 additionally many schools objected to the

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34 Additionally, many schools objected to the increased costs of running programs with the improved nutrition requirements and menu-plan- ning requirements. 35 The USDA still promulgated regulations for school meal nutrition standards in 1995 aiming to bring school meals into compli- ance with the latest Dietary Guidelines. 36 Yet in spite of this increased focus on nutrition, the obesity crisis in America worsened. Childhood obesity rates climbed steadily throughout the 1990s and 2000s, culminating in a national “epidemic” in which one-third of American children are overweight or obese. 37 Children increasingly expe- rience obesity-related diseases; most dramatically, thousands of children de- velop type 2 diabetes formally known only as “adult diabetes” as a direct consequence of poor nutrition and low exercise. 38 Concern over the childhood obesity epidemic has prompted calls for reform in the Child Nutri- tion Programs. 39 As the next section discusses, these calls have been par- tially answered. III. USDA N UTRITION S TANDARDS : C HANGES FOR THE H EALTH OF I T ? As part of its broader mission to promote childhood nutrition and re- duce hunger, Congress’ most recent reauthorizations of the Child Nutrition Programs have included provisions focusing on the quality of food served in school meals. In 2004, Congress required schools to issue school wellness policies and provide meals for students that reflect the latest Dietary Guide- lines. 40 In 2010, Congress strengthened these requirements by authorizing the USDA to promulgate nutrition standards that schools would have to meet 34 Id. at 79 82. 35 Id. 36 National School Lunch Program and School Breakfast Program: School Meals Initiative for Healthy Children, 60 Fed. Reg. 31188-01 (June 13, 1995) (codified at 7 C.F.R. pts. 210 & 220). 37 Childhood Obesity Facts , C TRS . FOR D ISEASE C ONTROL & P REVENTION , .gov/obesity/data/childhood.html [] ( last updated June 19, 2015). 38 Id. 39 See, e.g. , Jess Alderman et al., Application of Law to the Childhood Obesity Epidemic , 35 J.L. M ED . & E THICS 90, 93 (2007) (noting that “[h]eightened awareness of the childhood obesity epidemic . . . has renewed the call for regulatory and legislative action . . . .”); D’Addabbo, supra note 21, at 182 84 (summarizing regulatory reform efforts to strengthen R nutritional requirements of the early 2000s). 40 Richard B. Russell National School Lunch Act, 42 U.S.C. § 1758(a)(4) (2012). It should be noted that the nutritional quality of the most recent Dietary Guidelines is not undis- puted. See, e.g. , New U.S. Dietary Guidelines: Progress, Not Perfection , H ARV . T.H. C HAN S CH . OF P UB . H EALTH , []; Jeff Herman, Saving U.S. Dietary Advice from Conflicts of In- terest , 65 F OOD & D RUG L. J. 285, 289 93 (2010). However, an analysis of the Dietary Guide- lines is beyond the scope of this Note. For the purposes of the Regulatory Impact Analyses (“RIAs”) discussed, this Note presumes both the Dietary Guidelines and the Institute of Medicine (“IOM”) recommendations reflect highly beneficial standards for school meals.
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