Taxes on ‘bad’ food are bad tax policy

November 4, 2011

Are you still helping your kids finish up Halloween candy?

Enjoy it now. You might be paying higher taxes on next year's October treats.

A new study by a Washington, D.C., tax research group says more states are hiking tax rates on products such as candy and soda, ostensibly to fight obesity. And such fat taxes aren't limited to the United States, note two European lawyers who've written a paper examining the genesis, rationale and legal implications of national fat taxes.

Follow-up fridayThese two reports, arriving as we Americans are gorging ourselves on sweets, are this week's Follow-up Friday feature.

The Tax Foundation's report Overreaching on Obesity: Governments Consider New Taxes on Soda and Candy says the U.S. trend to tax sugar-sweetened edibles and beverages is unlikely to have an impact on obesity rates and health outcomes.

What it will do, say Tax Foundation researchers, is create a complex and confusing classification system to divide the "good" food and drink products from the allegedly "bad" ones.

Each state has a different definition of which products fall under the category of candy for the purposes of taxation, notes the Washington, D.C., nonprofit, and these variations create complexity problems and make enforcement of and compliance with special food taxes difficult.

Other key Tax Foundation candy tax findings include:

  • Seventeen states tax candy at a higher rate than other groceries, and four states collect an excise tax on soda.   
  • In 2011, 14 states proposed new soda taxes (in some cases, raising product prices by as much as 264 percent). Two states proposed new candy taxes.   
  • Soda and candy taxes do not necessarily decrease caloric intake. One recent study finds that when adolescents switch away from soda due to price increases, the drop in calories is offset by an increase in calories consumed in other food and drink.
  • Excise taxes on candy and soda fall on all individuals who consume the products, even those who do so moderately.

Global weight, food tax concerns: Meanwhile, in Europe where a recent move by Denmark to tax foods containing saturated fat got a lot of global attention, a pair of lawyers has focused on the legality of product-specific taxes under European Union and World Trade Organization law.

Alberto Alemanno, an associate professor of law at HEC Paris, and José Ignacio Carreño García, a member of the trade team at Fratini Vergano, Brussels, also explore in Fat Taxes in the European Union: Between Fiscal Austerity and the Fight Against Obesity whether the EU might validly consider adopting an EU-wide fat tax.

Both reports offer a lot of food for tax thought. 

You also might find these items of interest:

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Tax Season 2026 Continues!

We made it. Tax Day 2025 is finally over. For most of us. When the filing season started on Jan. 26, millions who were expecting refunds filed immediately. Most of us got our returns to the Internal Revenue Service by April 15. But plenty of taxpayers also got extensions. They are looking at an Oct. 15 filing deadline.

Those procrastinating filers aren’t a problem. In fact, the IRS appreciates taxpayers who take time to fill out their 1040 forms correctly. It also is grateful that tax submissions are spread out a bit, especially now that the IRS is a leaner agency. Processing returns is easier when they arrive throughout the year instead of in massive bunches.

But enough about Uncle Sam’s tax collection issues. The focus now is on all y’all who filed for extensions, giving you another six months to complete your return. Since your new mid-October due date will be here before you know it, let’s get started now on meeting it.

The ol’ blog is here to help you finish up your extended Form 1040. You can start with January’s tax tips page, which has links to the rest of the year’s tips by-month collections. You also can peruse various tax categories for more tailored advice by clicking on the More Tax Posts drop-down menu at the top of this (and every) page.

And to make sure you don’t miss your new filing deadline, the count-down clock below will let you know just how much time you to file by Oct. 15. At the latest.e. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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