Tackling Childhood Obesity, Slimming 1st Amendment?

Law360, New York (October 11, 2011, 1:45 PM EDT) -- The free commercial speech constitutional lines are drawn in the sand regarding whether the government’s “recommendations or voluntary guidelines regarding food advertising to children” improperly restrict such speech. On April 28, 2011, the Interagency Working Group On Food Marketed To Children (“Working Group”) published a preliminary proposal containing principles to guide industry’s self-regulating efforts. Interagency Working Group’s Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts, accessed at http://www.ftc.gov/os/2011/04/110428foodmarketproposedguide.pdf (Sept 30, 2011).

Through the 2009 Omnibus Appropriations Act, Congress directed the Working Group to convene and...
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