Regulatory Consistency and Common Sense: FTC Policy toward Food Advertising under Revised Labeling Regulations

A driving force in the jurisdictional debate was the fundamental difference in regulatory approaches taken by the Food & Drug Administration (FDA) and the Federal Trade Commission (FTC). The FTC has long pursued a market oriented consumer protection policy; the FDA, on the other hand, has pursue...

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Bibliographic Details
Published inJournal of public policy & marketing Vol. 14; no. 1; pp. 154 - 163
Main Author Beales, J. Howard
Format Journal Article
LanguageEnglish
Published Ann Arbor American Marketing Association 01.04.1995
The Division
SAGE PUBLICATIONS, INC
Subjects
Activists
Advertising
Advertising campaigns
Advertising restrictions
Cancer
Cereals
Consumer protection
Consumers
Consumption
Deceptive advertising
Descriptive labeling
Dietary fiber
Dietary supplements
Drug regulation
False advertising
FDA approval
Federal regulation
Flexibility
Food
Food labeling
Food law
Food products
Labeling
Legal Developments
Nutrients
Nutrition
Standardization
United States > US
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Summary:A driving force in the jurisdictional debate was the fundamental difference in regulatory approaches taken by the Food & Drug Administration (FDA) and the Federal Trade Commission (FTC). The FTC has long pursued a market oriented consumer protection policy; the FDA, on the other hand, has pursued a nutrition regulation strategy. The revisions to food labels resulting from implementation of the Nutrition Labeling and Education Act have changed the options available to the FTC. In May 1994, the FTC issued an Enforcement Policy Statement on Food Advertising, clarifying its views on how labeling and advertising standards should be reconciled. Generally, the Policy Statement asserts that claims complying with FDA labeling rules are also acceptable advertising rules. The FTC Policy Statement strives mightily to reconcile the divergent regulatory approaches to labeling and advertising where necessary, preserve advertising's ability to inform consumers of legitimate and potentially important product differences where possible, and inform marketers of the standards it will apply. Those objectives are not completely consistent, and none is completely met.
ISSN:0743-9156
1547-7207
DOI:10.1177/074391569501400115