Regulating Functional Foods: Pre- and Post-Market Strategy

By: Dana Ziker

As best we understand the government, its first argument runs along the following lines: that health claims lacking “significant scientific agreement” are inherently misleading because they have such an awesome impact on consumers as to make it virtually impossible for them to exercise any judgment at the point of sale. It would be as if the consumers were asked to buy something while hypnotized, and therefore they are bound to be misled. We think this contention is almost frivolous.

Cite: 2002 Duke L. & Tech. Rev. 0024

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