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104 Geo. L.J. 1377 (2015-2016)
Milk, Ideology, and Law: Perfect Foods and Imperfect Regulation

handle is hein.journals/glj104 and id is 1391 raw text is: 



Milk, Ideology, and Law: Perfect Foods and
Imperfect Regulation


DANI ZYLBERBERG*

                             TABLE OF CONTENTS

INTRODUCTION   ..........................................          1377

  1. A HISTORY OF MILK CONSUMPTION ........................        1380

      A. MILK AS THE PERFECT FOOD ............................ 1381
      B. GOVERNMENT INTERVENTION .........................         1382

 II. M ILK IN THE COURTS ..................................  1386
      A.  DEFERRING TO MILK'S IMAGE  .........................     1386

      B.  IMPOSING INDUSTRIALIZED MILK .......................    1390

III. PERFECT MILK, IMPERFECT REGULATION ....................... 1394
      A. OBSCURING THE PUBLIC INTEREST ......................      1396

      B. MILK AND GOVERNMENT POWER .......................         1399

      C.  BUREAUCRATIC TROUBLES   ........  ...................     1400

C ONCLUSION ............................................         1401

                               INTRODUCTION
  When advertisers in the 1990s were developing what would become the
highly successful got milk? campaign, they struggled with the fact that milk,
as a daily staple, was not a very high-interest item in people's lives.' People at
the time already knew that milk was good for them, and advertisements that
highlighted the health benefits of milk did little to drive people to the udder.2
Rather than trying to redefine what milk meant to the public, these advertisers
instead capitalized on the irreplaceability of milk, and the resulting got
milk? campaign was an acknowledgement that milk is essential, and if you
don't have it, then something is missing.3

  * Georgetown Law, J.D. 2016; Cornell University, B.S. 2006. © 2016, Dani Zylberberg. I am
grateful to Kendy Gable, Lisa Heinzerling, and Gary Peller for inspiration and thoughtful comments.
Special thanks to my mom and dad.
  1. Victor Luckerson, The Dairy Industry is Axing Got Milk?, TIME (Feb. 24, 2014), http://time.com/
9459/got-milk-campaign-ends-in-favor-of-milk-life/ [https://perma.cc/VYG6-E5HT].
  2. Andrea S. Wiley, Transforming Milk in a Global Economy, 109 AM. ANTHRO. 666, 675 (2007).
  3. Luckerson, supra note 1.


1377

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