Foods and beverages marketed for infants, babies, and toddlers through 3 years of age is a $7 billion industry in the United States, incorporating a wide range of products, including infant formula and other types of drinks, foods, and snacks. The World Health Organization (“WHO”) found that mothers “are often inundated with incorrect and biased information” from direct advertising, health claims on products, information packs from sales representatives, and the distribution of samples of infant formula and “educational materials” by infant formula manufacturers. To address these problematic practices, in 1981, the WHO established the International Code of Marketing of Breast-milk Substitutes (the “Code”) to end the inappropriate marketing of infant formula and other food and drinks intended for children up to age two. In 2016, WHO expanded the definition of breastmilk substitutes to include milk and milk products specifically marketed for feeding infants and young children up to age three. However, the United States is one of a minority of countries that has not passed any legislation or regulation to implement the Code. Furthermore, U.S. regulation and enforcement actions have not kept pace with the introduction of new products and product categories and the profusion of labeling and marketing claims questionably implying nutritional and developmental benefits from these products.

States struggle to maintain a facade of sovereignty against the large-scale migration of immigrants and asylum seekers, who are trying to find their way into the receiving societies. Increased borders control, reinforced socio-legal boundaries and detention facilities are some of the constant efforts' states employ to quell the immigration of asylum seekers and control their presence. Disciplinary power often appears in a centralized form, such as borders and immigration systems, but also in decentralized, dispersed forms, ranging from medical practices, media and market influences, as well as many others, which were termed by Foucault as biopower. This force - which in its broad meaning describes deliberate attempts to interfere with the essential human existence and manage all spheres of life - is defined by Foucault as a ‘political power [that] had assigned itself the task of administering life’. Biopower is employed to manage, regulate and govern lives, produce obedience, and subordinate individuals and communities to disciplinary practices. The control over lives should be understood comprehensively, so that includes ‘a life of the city…political life, economic life…’ as well as ‘the management of … money … information, communication, water, sheep, grain …’. Accordingly, we argue that food is a form of biopower, an apparatus utilized to control and govern asylum-seekers. We posit that the state uses food to monitor the individuals' well-being, the community life, and affect the social existence. In this article, “food” refers to the role sustenance plays in providing nutrition and reinforcing socio-cultural values.