The Fight Over Food Labeling And Free Speech

Law360 (November 2, 2010, 1:47 PM EDT) -- Increasingly, cities, states and the U.S. Food and Drug Administration are promulgating rules and regulations related to food labeling that seek to influence consumer behavior and stem the growth of obesity rates and related diseases in the U.S. Originally, food labeling regulations sought to protect consumers from contaminated or misbranded food items, and did little to attempt to influence food consumption patterns. In 1990, the FDA passed the Nutrition Labeling and Education Act (NLEA) to strengthen the agency's authority to require nutrition labeling and to establish the circumstances under which claims can be made about nutrients. H.R. Rep. No. 101-538, at 7 (1990), reprinted in 1990 U.S.C.C.A.N. 3336, 3337....

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