In this recent video interview with Food Safety News, legal scholar Timothy Lytton envisions a more constructive role for litigation in the next stages of development in food safety policy.
Lytton, previously the author of Kosher, describes the three main systems in food safety as (1) regulation, (2) private sector supply chain management, and (3) the liability system (or the tort system). He points out that engagement between regulators and industry supply chain managers has in some ways become more respectful and mutually beneficial. He sees potential in a similar conversation about the role of litigation in food safety policy, including industry managers, the tort system, and insurers at the table.
This topic needed a readable systematic summary. I look forward to Lytton's forthcoming book: Outbreak: the Evolution of the U.S. Food Safety System.