Answer the questions based on the videos you watch the case you read in the attached files.

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SAGE Business Cases

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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 :

https://www.youtube.com/watch?v=a72BVZqQJE0

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?

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© Pamela E. Queen 2018

SAGE Business Cases

2 | P a g e

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 Melody’s next steps as the new marketing director for the pizza company account?

References

Central Hudson Gas & Electric Corporation v. Public Service Commission of New York. 447

U.S. 557. (1980). Retrieved from https://www.law.cornell.edu/supremecourt/text/447/557

Katz, D. (2014, May 20). Food that needs a warning label isn’t actually food. Retrieved from

http://time.com/106115/food-that-needs-a-warning-label-isnt-actually-food/

R.J. Reynolds Tobacco Co. v. United States Food and Drug Administration, Civil Case No. 11-

5 3 3 2 ( D . D . C . 2 0 1 2 ). R e t r i e v e d f r o m http://law.justia.com/cases/federal/appellate-

courts/cadc/11-5332/11-5332-2012-08-24.html

World Health Organization. (n.d.). Nutrition topics: Controlling the global obesity epidemic.

Retrieved from http://www.who.int/nutrition/topics/obesity/en/

World Health Organization. (2017, May). Media centre: Tobacco. Ret rieved from

http://www.who.int/mediacentre/factsheets/fs339/en/

http://dx.doi.org/10.4135/9781526445483