The First Amendment and Food Marketing Litigation: Restoring the Legal Balance

Aaron D. Van Oort and Nicholas J. Nelson authored an article for the Washington Legal Foundation’s Contemporary Legal Notes publication titled “The First Amendment and Food Marketing Litigation: Restoring the Legal Balance.”

In their article, Van Oort and Nelson examine the recent flood of consumer-deception claims against food manufacturers, with most focusing on the product labels. They argue that courts should consider constitutional implications when presiding over consumer-protection litigation so that deceptive-practices claims are held to the same First Amendment scrutiny as other government action addressing the same.