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Case Detail


In re Food Marketing to Children
On July 14, 2011, WLF filed formal comments with the Federal Trade Commission (FTC), urging it to withdraw its proposed “voluntary” guidelines for marketing food to children. WLF charged that the FTC’s proposed Guidance violates the First Amendment and will significantly restrict the ability of companies in the food industry to advertise their products. WLF argued that when the FTC issues “guidance” to regulated industries regarding what they should be saying in their food advertising, in no meaningful sense of the word can its speech restrictions be deemed “voluntary.” WLF noted that the FTC has made clear that it expects the Guidance to result in significant changes in the content of food advertising. Under those circumstances, the Guidance quite clearly burdens speech and thus is subject to First Amendment limitations. WLF argued that the Guidance is unconstitutional because it restricts far more speech than is necessary to promote the government’s interest in preventing obesity.
Case Status:
Awaiting decision.
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