In “High on the Hog” episode three, we learn the stories of Hercules Posey and James Hemings, the enslaved private chefs of George Washington and Thomas Jefferson respectively. They were widely known and widely praised, yet there are no written recipes attributed to either chef. In Stephen Satterfield’s conversation with Hatchet Hall chefs Brian Dunsmoor and Martin Draluck, the chefs hint at the idea that Martha Washington’s widely praised recipe books may in fact contain recipes developed by the enslaved Hercules.
Dishes like macaroni and cheese have become an American staple, yet most Americans are unaware that the dish was perfected and popularized by Hemings. Black Americans have long been culinary pioneers in this country and have shaped American cuisine at large. The erasure of Black American’s culinary contributions diminishes Black people’s role in America’s cultural tapestry and perpetuates the idea that Black cuisine is isolated from American cuisine at large.
Furthermore, cultural erasure of Black culinary traditions is a significant risk because Black communities historically have faced limited access to resources and opportunities in the food industry. Unequal access to capital and credit have likely hindered the ability of Black chefs, restaurateurs, and food entrepreneurs to establish and grow their businesses. The lack of representation and access further perpetuates the erasure of Black culture within the food industry and hampers the promotion and preservation of Black culinary traditions.
Due to Black Americans’ subjugated status throughout American history, intellectual property rights associated with Black American cuisine have likely been violated. It is vital that traditional recipes, cooking techniques, and culinary knowledge be protected from misrepresentation and unauthorized commercial use. Intellectual property protection can ensure that the cultural heritage of Black American cuisine remains intact and that those who contribute to its preservation and promotion receive appropriate recognition and benefits. It is unclear how this might be accomplished, but perhaps it could involve establishing mechanisms for registering and safeguarding Black culinary traditions as cultural assets. Organizations like the World Intellectual Property Organization (WIPO) and the United Nations Education, Scientific and Cultural Organisation have attempted to find solutions to protect traditional cultural expressions and folklore. According to WIPO, “By providing legal protection for tradition-based creativity, IP protection can enable communities and their members to commercialize their tradition-based creations, should they wish to do so, and/or to exclude free-riding competitors.” For example, Zambia’s 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act provides protection to traditional cultural expressions. Under the Act, the “holder” of the intellectual property rights refers to the “traditional community, an individual or a group, irrespective of the pattern of ownership, and who is the owner of the traditional knowledge, genetic resource or expression of folklore in a traditional and intergenerational context who has a right over or to whom traditional knowledge, a genetic resource or expression of folklore belongs to, in accordance with customary laws and practices.” If similar laws were enacted in the United States, it could potentially help avoid cultural appropriation by food companies and food media.
Representation also matters in shaping narratives and perceptions surrounding food. However, food media often perpetuates biases and reinforces stereotypes, which contribute to the erasure of Black culture. When mainstream media outlets focus on white-dominated narratives, the contributions of Black chefs and culinary traditions fade into the background.
By recognizing the erasure of Black culture in the context of U.S. food laws and policies, we can work towards fostering a more inclusive and equitable food landscape. Promoting diverse representation, supporting Black food producers, advocating for educational initiatives, and challenging biases within the food and food media industries are steps towards preserving and celebrating the vibrant contributions of Black culinary traditions.
“High on the Hog” showcases that the passing down of traditional recipes through generations, the protection of their authenticity, and the assurance that they are attributed to their rightful creators is necessary to safeguard Black culinary traditions. Finding a way to respect Black contributions to the culinary world is important both to prevent cultural erasure and as a way to protect Black American’s culinary heritage moving forward.
This blog post was written by Amber Ward, a law student at UCLA School of Law and research assistant with the Resnick Center for Food Law & Policy.
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