PRINCIPLES OF
MARKETING
Obesity & the “McLawsuit”
Obesity & the “McLawsuit”
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PRINCIPLES OF
MARKETING Obesity & the “McLawsuit” |
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| Compiled by Vickey Baggott; Revised by Paula L. Webb | November 2008 |
SELECTED FEDERAL DOCUMENTS
Advertising Nutrition & Health : Evidence from Food
Advertising, 1977-1997. Bureau of Economics, Federal Trade
Commission. 2002. FT1.37:AD9
OR Available online: http://purl.access.gpo.gov/GPO/LPS24145
(PDF format)
Advertising Practices : Answers for Small Business. Federal Trade Commission. 2001. FT1.2:AD9/5
Do You Know the Health Risks of Being Overweight? National Institute of Diabetes and Digestive and Kidney Diseases, National Institutes of Health. 1999, updated 2001. HE20.3302.OV2/999 OR Available online: http://www.pueblo.gsa.gov/cic_text/health/riskbeing-overweight/health.htm
Getting Fit, Staying Healthy : Strategies for Improving Nutrition and Physical Activity in America : Hearing before the Committee on Health, Education, Labor, and Pensions . . . U.S. Senate. 2003. Y 4:L 11/4 S.HRG.107-477 (Microfiche) OR Available via PURL: http://purl.access.gpo.gov/GPO/LPS29809 (PDF format)
Overweight Among U.S. Children and Adolescents. National Center for Health Statistics, Centers for Disease Control and Prevention, Dept. of Health and Human Services. 2002. HE20.6202:N95/19 OR Available via PURL: http://purl.access.gpo.gov/GPO/LPS21878 (PDF format)
“Overweight, obesity threaten U.S. health gains”, April 2002, FDA Consumer, vol. 36, iss. 2. Food and Drug Administration. HE20.4010:v.36,no.2 OR Available via FDA: http://www.fda.gov/fdac/features/2002/202_fat.html
SELECTED FEDERAL ELECTRONIC-ONLY PUBLICATIONS
Health, United States, 2002 : with Chartbook on Trends in the Health of Americans. National Center for Health Statistics, Center for Disease Control and Prevention, Dept. of Health and Human Services. 2002. HE 20.7042/6:2002 (Online) Available via CDC: http://www.cdc.gov/nchs/data/hus/hus02.pdf (PDF format)
Prevalence of Overweight and Obesity Among Adults : United States, 1999-2002. National Center for Health Statistics, Center for Disease Control & Prevention, Dept. of Health & Human Services. 2002. Available via CDC: http://www.cdc.gov/nchs/products/pubs/pubd/hestats/obese/obse99.htm
“State-Specific Prevalence of Obesity Among Adults with Disabilities -- Eight States and the District of Columbia, 1998--1999”, September 13, 2002, MMWR, Vol. 51, iss. 36. Center for Disease Control and Prevention, Dept. of Health and Human Services. Available via CDC: http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5136a1.htm#top
Statistics Related to Overweight and Obesity. National Institute of Diabetes & Digestive & Kidney Diseases, National Institutes of Health. 2004. Available via NIH: http://www.niddk.nih.gov/health/nutrit/pubs/statobes.htm (website)
The Surgeon General’s Call to Action to Prevent and Decrease Overweight and Obesity, 2001. Office of the Surgeon General, Public Health Service, Dept. of Health and Human Services. 2001. HE20.2:OB2 (Online) Available via PURL: http://purl.access.gpo.gov/GPO/LPS16583 (PDF format)
Tobacco’s Deadly Secret : the Impact of Tobacco Marketing on Women and Girls : Hearing before the Oversight of Government Management, Restructuring, and the District of Columbia Subcommittee . . . Committee on Governmental Affairs, U.S. Senate. 2003. Y4.G74/9:S.HRG.107-552 (Online) Available via PURL: http://purl.access.gpo.gov/GPO/LPS29432 (Witness testimonies only – PDF format)
SELECTED GOVERNMENT WEBSITES
Center for Disease
Control and Prevention
http://www.cdc.gov/ “Overweight and
Obesity” http://www.cdc.gov/nccdphp/dnpa/obesity/index.htm
MEDLINEPLUS (National Library of
Medicine)
http://www.nlm.nih.gov/medlineplus/
“Obesity” http://www.nlm.nih.gov/medlineplus/obesity.html
National Center for
Health Statistics (U.S. Dept. of Health &
Human Services)
http://www.cdc.gov/nchs/
Alabama Department
of Public Health
http://www.adph.org/
SELECTED GOVERNMENT SEARCH ENGINES
FEDSTAT: One Stop Shopping for Federal Statistics http://www.fedstats.gov/
FirstGov: Your First Click to the U.S. Government http://firstgov.gov/fgsearch/index.jsp
Google: Uncle Sam http://www.google.com/unclesam
LEGAL RESOURCES
The
Case:
Pelman
v. McDonald's Corp., S.D.N.Y.2003, 237 F. Supp. 2d 512
Held
in the United States District Court for the Southern District of New York on
January 22, 2003.
The
Statutes:
United States
Code
Title 21 – Food and
Drugs
Chapter 9 – Federal Food, Drugs, and Cosmetic
Act
Subchapter IV – Food
21 USC 341 Definitions and Standards for Food
“Whenever
in the judgment of the Secretary such action will promote honesty and
fair
dealing in the interest of consumers, he shall promulgate regulations fixing
and
establishing for any food, under its common or usual name so far as practicable,
a
reasonable definition and standard of identity, a reasonable standard of
quality, or
reasonable standards of fill of container.
21 USC 343 Misbranded Food
The
Secretary may by regulation require any information required
to
be placed on the label or labeling . . . if the Secretary determines
that
. . .will assist consumers in maintaining healthy dietary practices.
21 USC 343(q)(5)(A) . . . shall not apply to food –
(i)
which is
served in restaurants or other establishments in which food is served
for
immediate human consumption or which is sold for sale or use in such
establishments,
21 USC 343-1 National Uniform Nutrition Labeling; State Prohibitions and Exemptions
(a)
Except as
provided in subsection (b) of the section, no State or political
subdivision
of a State may directly or indirectly establish under any
authority or continue in effect
as to any food in interstate commerce
–