By Aaron D. Van Oort, a Partner practicing in the Minneapolis, MN office of Faegre Drinker Biddle & Reath LLP, for which he co-chairs appellate advocacy group, and Nicholas J. Nelson, an Associate with the firm.

Summary: Lawsuits filed under broadly worded deceptive-marketing statutes imperil food manufacturers’ First Amendment rights to the same degree as do regulations that directly target specific commercial speech, so courts should consider constitutional implications when presiding over consumer-protection litigation.