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Demanding corporate responsibility for food system challenges

Opinion

Demanding corporate responsibility for food system challenges
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Long is a senior strategic communications consultant with public, private, and not-for-profit experience. She holds a doctorate in Political Science and a Master of Public Health.

A public that is generally full – and believes it will remain full into the foreseeable future – makes for a food complacent public. A food complacent public is a public ill-equipped to address the critical juncture confronting every level of the agri-food system with a combination of transformations and challenges, ranging from an influx of agritech innovations to history’s most extensive food crisis. This juncture cannot be left to complacency because its outcome will redefine how – and even if – humanity feeds itself.


As America confronts this complacency, our particular variety of complacency leaves us better able to accept this juncture’s innovative transformations than deal with its potentially existential challenges. But these challenges are here and likely to escalate: even if the impact is greater for other countries, America is not immune from their direct and secondary effects. Agri-food innovations alone cannot protect from these effects, and public action– trapped in gridlock and polarization – is limited to outdated, highly circumscribed, and emergency responses.

Although improved government response is essential given agri-food challenges’ existential threat, the private sector must also be compelled to improve its response. The ESG trend demonstrates that the private sector can be compelled to adopt behavior defined as beneficial beyond its bottom-line. In this case, a beneficial private sector response is necessary not only to fill the government's response gap, but to also address its own hand in system challenges.

Effectively compelling this behavior requires understanding our agri-food complacency that is responsible in part for enabling the private sector’s contribution to agri-food system challenges.

American agri-food complacency was cultivated by the impression of full stomachs, full shelves, and fields planted in the post-WWII era of food abundance by hyper-efficient agricultural industrialization and the food processing boom. Food consumption became something guided by consumer trends as opposed to local seasonal availability; food waste became a normal market byproduct; and food insecurity became something experienced by them as opposed to us, with them defined as either foreign victims of destructive social/natural conditions or domestic undeserved poor and benefit manipulators.

This complacency did and does not cover all aspects of the agri-food system, which are the networks making up all stages from farm to fork to waste and back again. Two concerns broke through this complacency.

The first regards what goes into the food we eat, especially if that “what” makes our food something other than what we think it is (food purity) or hazardous to our health (food safety). Following decades of revelations regarding abusive market behavior, such as the New York swill milk scandal, consumers acknowledged that their tables had become too removed from the site of food production to know what they were putting in their mouths. This acknowledgement led them to accept food-related regulatory market oversight and embrace consumer rights forerunners.

The second regards what goes into growing or otherwise producing raw agricultural products, especially if that “what” makes the products less natural (genetically modified) or harmful to ecosystem and human health. This concern began with the increased post-WWII use of synthetic chemicals in agricultur al and processed food and continued with new methods like antibiotics in animal feed and bovine growth hormone. Supported by environmentalism, consumer demand increased “natural” food productive processes in the 20th Century.

Both concerns focused on the food we buy. American agri-food complacency covers how or if we eat. We leave the how and if to the market because we use a market interpretation of agri-food security. This interpretation defines individual and systemic agri-food security as a condition in which adequate food is available for purchase in the market to meet paying consumer demand. This interpretation assumes individual consumers are responsible to access available food and to access the right food to fulfill their nutritional needs.

The global community’s interpretation of agri-food security – based on wellbeing – shows the unique nature of American complacency. This global interpretation defines agri-food security as a condition in which individuals have stable access to sufficiently nutritious food to maintain a healthy life and the system can provide for this harming agri-food livelihoods or the environment.

Average Americans’ complacency is cracking as the long-existing pockets of national food insecurity are growing, experiences of food stock-outs are increasing, and anxiety over grocery prices are adding to already historic levels of stress. More Americans are therefore questioning agri-food security’s market-based interpretation, but these concerns have not yet triggered urgent government responses beyond existing traditional programs and short-term emergency measures. In fact, even these responses are facing increasing restrictions or are being phased out.

The American market-based interpretation of agri-food security has given the private sector extensive influence over every stage of the agri-food system from farm to fork to waste and back again – even with certain restrictions related to food purity, safety, and production. This influence means the private sector must bear some responsibility to respond to agri-food system challenges. But this response will not come without pressure: according to the World Benchmarking Alliance’s 2021 Food & Agricultural Benchmark, even the 350 most influential agri-food companies have not taken meaningful action for agricultural sustainability, sustainable agricultural livelihoods, or broadened nutritional food access. Companies must therefore be compelled to take action.

Government is usually responsible for compelling such action, as it did for food purity. The EU may do so with its anticipated Sustainable Food Systems Law under its 10-year Farm to Fork Strategy. The U.S., however, is unlikely to follow suit as demonstrated by its slow and anti-ESG mandates to date.

Consumer demand must therefore compel companies to take action. But how should consumers frame that demand? Should agri-food security be integrated into existing demands for responsible ESG behavior or be recognized as a unique right? Ideally, both.

Because agri-food security is not explicitly included in ESG, consumers rarely include it in corporate responsibility demands unless the company is in agri-food sectors (Monsanto, General Mills, Kroger, etc.). But agri-food security is easily integrated into ESG’s E and S. The full agri-food system is intimately linked to the environment, from agricultural production to logistics and waste management. It is also a social system, from the food trends shaping crop choices to the politicization of hunger. Although easily integrated, it may be best to add agri-food security as a fourth ESG component to ensure its prioritization.

Establishing agri-food security as a right is more difficult but feasible given lawsuits brought by young activists based on the right to a healthy future environment. Similar suits may be brought based on the right to the future security of the agri-food system. Legal decisions in favor of such a right will compel both government action and a change in private sector behavior.


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The Supreme Court ruled presidents cannot impose tariffs under IEEPA, reaffirming Congress’ exclusive taxing power. Here’s what remains legal under Sections 122, 232, 301, and 201.

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Just the Facts: What Presidents Can’t Do on Tariffs Now

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What Is No Longer Legal After the Supreme Court Ruling

  • Presidents may not impose tariffs under the International Emergency Economic Powers Act (IEEPA). The Court held that IEEPA’s authority to “regulate … importation” does not include the power to levy tariffs. Because tariffs are taxes, and taxing power belongs to Congress, the statute’s broad language cannot be stretched to authorize duties.
  • Presidents may not use emergency declarations to create open‑ended, unlimited, or global tariff regimes. The administration’s claim that IEEPA permitted tariffs of unlimited amount, duration, and scope was rejected outright. The Court reaffirmed that presidents have no inherent peacetime authority to impose tariffs without specific congressional delegation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • The president may not use vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language—such as IEEPA’s general power to “regulate”—cannot be stretched to authorize taxation.
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  • Presidents may not rely on vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language, such as IEEPA’s general power to "regulate," cannot be stretched to authorize taxation or repurposed to justify tariffs. The decision in United States v. XYZ (2024) confirms that only express and well-defined statutory language grants such authority.

What Remains Legal Under the Constitution and Acts of Congress

  • Congress retains exclusive constitutional authority over tariffs. Tariffs are taxes, and the Constitution vests taxing power in Congress. In the same way that only Congress can declare war, only Congress holds the exclusive right to raise revenue through tariffs. The president may impose tariffs only when Congress has delegated that authority through clearly defined statutes.
  • Section 122 of the Trade Act of 1974 (Balance‑of‑Payments Tariffs). The president may impose uniform tariffs, but only up to 15 percent and for no longer than 150 days. Congress must take action to extend tariffs beyond the 150-day period. These caps are strictly defined. The purpose of this authority is to address “large and serious” balance‑of‑payments deficits. No investigation is mandatory. This is the authority invoked immediately after the ruling.
  • Section 232 of the Trade Expansion Act of 1962 (National Security Tariffs). Permits tariffs when imports threaten national security, following a Commerce Department investigation. Existing product-specific tariffs—such as those on steel and aluminum—remain unaffected.
  • Section 301 of the Trade Act of 1974 (Unfair Trade Practices). Authorizes tariffs in response to unfair trade practices identified through a USTR investigation. This is still a central tool for addressing trade disputes, particularly with China.
  • Section 201 of the Trade Act of 1974 (Safeguard Tariffs). The U.S. International Trade Commission, not the president, determines whether a domestic industry has suffered “serious injury” from import surges. Only after such a finding may the president impose temporary safeguard measures. The Supreme Court ruling did not alter this structure.
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The Bottom Line

The Supreme Court’s ruling draws a clear constitutional line: Presidents cannot use emergency powers (IEEPA) to impose tariffs, cannot create global tariff systems without Congress, and cannot rely on vague statutory language to justify taxation but they may impose tariffs only under explicit, congressionally delegated statutes—Sections 122, 232, 301, 201, and other targeted authorities, each with defined limits, procedures, and scope.

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