FDA Labeling: Informative or Infringement?

Background

1. Government regulation on commercial speech

Review background on the four-part test used to regulate commercial speech resulting from

the 1980 Supreme Court case, Central Hudson Gas & Electric Corporation v.

Public Service Commission of New York:

1. Is the speech lawful, truthful and not misleading? 2. Does the government have a substantial interest in regulating it?

3. Does the regulation directly advance the government’s interest? 4. Is the regulation a narrowly tailored and reasonable fit for government regulation?

Watch the following YouTube video on commercial speech: https://www.youtube.com/watch?

v=rMS4Jv2ppXU

2. FDA—new warning labels on tobacco products

Review background on the FDA’s role in regulating tobacco products and its decades- long requirement of health warning labels on tobacco products, including efforts to expand

health warning labels with direct, dire, and vivid graphics to grasp the attention of consumers and better inform consumers about the risks of tobacco products.

Watch the following YouTube video on new tobacco GWLs: https://www.youtube.com/watch?

v=AGejVmxV6QE

3. Call for health warning labels for certain food

Review information on advocates’ calls for health warning labels for fatty foods and junk foods that contribute to obesity, diabetes, and heart disease.

Use the review article: “Food that needs a warning label isn’t actually food” by David L. Katz, MD (Katz, 2014).

W a t c h t h e f o l l o w i n g Y o u T u b e v i d e o o n h e a l t h w a r n i n g l a b e l s o n f o o d :

Answers/Discuss the following Questions

1. Is the mandate from the FDA to place graphic warning labels (GWLs) on cigarette products

within its mission and purpose? Explain your answer.

2. Do GWLs on products support better consumer protection? Why or why not?

3. Do GWLs on products contribute to improved consumer education? Explain your answer.

4. Are government mandates requiring GWLs on product packaging a limitation to free market

enterprise? Why or why not?Answers/Discuss the following Questions
1. Is the mandate from the FDA to place graphic warning labels (GWLs) on cigarette products within its mission and purpose? Explain your answer.
2. Do GWLs on products support better consumer protection? Why or why not?
3. Do GWLs on products contribute to improved consumer education? Explain your answer.
4. Are government mandates requiring GWLs on product packaging a limitation to free market enterprise? Why or why not?
1|Page
SAGE SAGE Business Cases
©ï¸ Pamela E. Queen 2018
5. Are government mandates requiring GWLs on product packaging a limitation on consumer choice? Explain your answer.
6. Does your viewpoint on the use of GWLs differ for tobacco versus junk food products? Why or why not?
7. What are Melodys next steps as the new marketing director for the pizza company account?

The videos links: it is also attached in the files

Watch the following YouTube video on commercial speech: https://www.youtube.com/watch? v=rMS4Jv2ppXU

Watch the following YouTube video on new tobacco GWLs: https://www.youtube.com/watch? v=AGejVmxV6QE

Watch the following YouTube video on health warning labels on food:

The rubric is also attached.