Defining Commercial Speech in the Context of Food Marketing

Journal of Law, Medicine and Ethics 43 (S1):40-43 (2015)
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Abstract

Obesity is a public health problem in the United States. Experts have identified the regulation of food marketing as a policy strategy to address obesity and poor nutrition. However, the First Amendment can be a barrier to reducing exposure to problematic food marketing. In recent years, courts have become increasingly protective of speech, and particularly of “commercial speech,” or advertising, which can make it more difficult to regulate certain marketing practices.

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