One of the biggest misconceptions among public health advocates and policymakers alike is that the free speech clause of the First Amendment is an insurmountable barrier to regulating harmful marketing practices. This talking point is regularly deployed by the food industry to scare government officials. While it’s true the Constitution protects advertising to some extent, it does not give corporations free reign to market anything, anywhere, anytime.
Eat Drink Politics can help you navigate the legal landscape of the First Amendment to propose viable policy solutions. Numerous options exist, especially at the local level, to restrict junk food marketing.
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This article of mine originally appeared in print in Functional Ingredients magazine and is available online for registered users at New Hope here. See other posts on this subject here and here. Last year in this space I asked if it was time for the Food and Drug Administration to define how food makers can [...]Continue reading →
Last week I attended a conference in Washington DC with the lofty title: “3rd Advanced Regulatory and Compliance Summit on Food & Beverage Marketing & Advertising.” The event’s main sponsor was the law firm of Faegre Baker Daniels, whose numerous mega-corporate food clients include Cargill, Dean Foods, and Nestlé. In addition, the firm represents (under [...]Continue reading →
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