Marks of adhesion: the untapped potential of trade mark law in promoting health education, communication and consumer choice in the merchandising of food products

Certification marks are occasionally used alongside regular trademarks to signal the qualities of food products, such as mode of manufacture and compliance with religious requirements. However, it is not entirely clear whether certification marks can be used to communicate hidden health risks associated with the consumption of food products, particularly those arising from naturally-occurring attributes that are invisible to the consumer. This article investigates the extent to which trademarks can promote health education and help consumers make informed food purchasing decisions.