Regulating in a Radioactive World: the FDA and Radionuclide Contamination

Abstract

This paper traces the historical development of FDA regulation of radionuclide contamination of food, a subject that received surprisingly scant attention in the legal literature. As the agency has remolded its policies in response to successive crises, it has had to be particularly mindful of the public relations implications of its actions, given the fears surrounding nuclear radiation. This paper argues that in light of the unique challenges posed by radionuclide contamination—namely, the persistent scientific uncertainty about the effects of radiation, and the cognitive biases that lead the public to overestimate the risks involved—the FDA should seek to better coordinate its radiation contamination policy with other agencies, and, more controversially, develop a policy of greater circumspection in release of information to the public.