9. Are there any regulations, guidance, policies, and practices FDA should change, in light of governing First Amendment authority?
I believe there should be no constitutional rights afforded to corporations, and certainly not protections for the right to advertise. I know that restricting advertisements in specific areas is often a vital public health measure, but I also believe there are major public health benefits from imposing broad restrictions on advertising to children.
Children are impressionable and vulnerable to the claims of
product advertisers. For example, the fast food industry
seeks to sell their products without warning children of the
possible health effects of such food such as obesity, heart
disease and colon cancer. Providing such vital information
will help children become better informed consumers. Even
the ACLU agrees we need more speech, therefore providing this knowledge, even if it is a government restriction, is a
necessary step to protecting public health.