Imperfect information on food safety and risk has created a system with less safety than the public wants. Consumers cannot pay for the level of safety they desire. Tort under-compensates for foodborne illness due to difficulty proving causation. When market controls are ineffective at producing the level of safety desired by consumers, the classic approach is government regulation. However, government regulators face challenges that impede the translation of scientific knowledge into regulatory controls. This often results in an equilibrium of private interests and bureaucratic interests rather than the public interest. To restore republican deliberation on food safety we need greater citizen involvement in the decision-making. Access to the courts is an effective means for citizens to participate directly in the decisions affecting food safety; thus, a private cause of action to our national food safety laws is proposed.
