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FTC on First Amendment

This article was originally published in The Tan Sheet

Executive Summary

Consumers would benefit if FDA "expanded its use of regulatory approaches that allow the dissemination of truthful and non-misleading claims about the nutrient content and health benefits of foods," state 1FTC staff comments on FDA's application of the First Amendment. Commission staff suggest a "flexible approach" to commercial speech, rather than broad restrictions. "Advertising and labeling can be extremely effective tools to educate consumers about diet-disease relationships, to increase their awareness of diseases, to inform them of different treatment options and to empower them to manage better their own health," commission staff say. FTC's comments do not address the constitutionality of any specific FDA regulation or practice, or suggest revisions to its regulatory framework...
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