Food/Beverage Marketing

Arkansas State Consumer Protection Profile

Download the Arkansas State Consumer Protection Profile (pdf) Which state consumer protection provisions could be used to protect consumers from junk food marketing? The Arkansas Deceptive Trade Practices Act (“ADTPA”) generally prohibits unconscionable, false and deceptive trade practices. Ark. Code §§ 4-88-107. It is unlawful to “[k]nowingly making a false representation as to the characteristics, […]

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Arizona State Consumer Protection Profile

Download the Arizona State Consumer Protection Profile (pdf). Which state consumer protection provisions could be used to protect consumers from junk food marketing? Arizona’s Consumer Fraud Act (“CFA”) prohibits “[t]he act, use or employment by any person of any deception, deceptive act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission

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Alaska State Consumer Protection Profile

Download full Alaska State Consumer Protection Profile (pdf) Which state consumer protection provisions could be used to protect consumers from junk food marketing? Alaska’s Unfair Trade Practices and Consumer Protection Act (“UTPCPA”) is modeled off of the Federal Trade Commission Act (“FTCA”). In general it prohibits “[u]nfair methods of competition and unfair or deceptive acts

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Future of Obesity Litigation panel featuring PHAI’s Gottlieb and CSPI’s Gardner airs and is available online

On January 21, 2011, Northeastern University Law Journal sponsored its third annual symposium.  This year, it was entitled “From Seed to Stomach,” and addressed legal and regulatory aspects of obesity and food safety.  The symposium was recorded for broadcast by CSPAN, which aired the material from February 25-28, 2011. PHAI’s Executive Director, Mark Gottlieb, along

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Alabama State Consumer Protection Profile

Download the full Alabama State Consumer Protection Profile (pdf) Which state consumer protection provisions could be used to protect kids from junk food marketing? The Alabama Deceptive Trade Practices Act (“DTPA”) prohibits deceptive acts including: “Passing off goods or services as those of another, provided that this section shall not prohibit the private labeling of

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Unclear on calories: GMA & FMI’s front-of-package “Nutrition Keys” omit key calorie information

Today the Grocery Manufacturers Association (GMA), the packaged food and beverage industry’s trade association, and Food Marketing Institute (FMI), the food retailer’s trade assocation, revealed a front of package labeling scheme designed to “complement the Clear on Calories labeling system developed by the American Beverage Association,” the non-alcoholic beverage industry’s trade association. It seems GMA

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PHAI’s Gottlieb discusses litigation as an approach to reduce childhood obesity at Institute of Medicine Workshop

On October 21, 2010, the Institute of Medicine’s Standing Committee on Childhood Obesity Prevention hosted a one-day workshop to examine “Legal Strategies in Childhood Obesity Prevention.” Mark Gottlieb, Executive Director of the Public Health Advocacy Institute at Northeastern University School of Law, presented on a panel moderated by UC Berkeley law professor Stephen Sugarman entitled

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Discovery of Elevated Fructose Levels in Popular Soft Drinks Raises Important Legal Questions for Regulators and Consumers

Prepared by Cara Wilking, J.D., Staff Attorney     What kinds of High Fructose Corn Syrup Are Generally Recognized as Safe for Use in the Food Supply? Substances “reasonably expected to become a component of food” are food additives subject to premarket approval by the Food and Drug Administration (FDA), unless they are generally recognized

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PHAI Attorney and Noted Univ of IL Economist Look at Applying Tobacco Taxation and Other Pricing Strategies to Reduce Obesity

Public health advocates concerned about the burgeoning obesity epidemic are examining tools that have been successfully employed to reduce tobacco consumption, including taxes. Research suggests that a significant tax on sugar-sweetened beverages could have the desired public health effect of reducing consumption of high-calorie and low-nutrition beverages. The food and beverage industry is prepared to challenge tax initiatives and many of the same legal policy issues seen in the tobacco control movement, including discounting, are likely to arise. Public health advocates may also want to consider applying other price-based strategies to sugar-sweetened beverages, such as proportional pricing requirements, to encourage decreased consumption.

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PHAI publishes Case Study on NYC Menu Labeling Litigation

PHAI Menu Labeling Legal Challenge Case Study (pdf) PHAI documented the successful passage of the nation’s first restaurant calorie disclosure law.  In an effort to address increases in obesity rates and obesity-related health problems, the New York City Department of Health and Mental Hygiene (“DOHMH”) amended the City’s Health Code on December 5, 2006 and

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