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.
