Unhealthy Lunches, Research Paper Example

George and Mary have a case provided that Drive-In Don’s advertisements are deceptive and untruthful to customers. In the United States, there are many regulations that govern advertising and work to prohibit false advertising. However, the strength of George and Mary’s case will depend on which aspect of the burger company’s advertisements were false. Assuming Drive-In Don’s promoted its burgers as healthy, they would be guilty of a misdemeanor under 15 U.S. Code § 54 which discusses false advertisements and related penalties (Legal Information Institute, n.d.).

However, the school and restaurant have a reasonable defense. Firstly, Drive-In Don’s seems to be a reasonable option for school lunches since the cafeteria must operate at a reasonable budget. Second, the burgers are provided as an option for consumption, but this is not the only food available. Daily consumption of burgers at lunch time therefore reflects poorly upon the child and George and Mary’s parenting skills for not educating him about proper eating habits.

The Federal Trade Commission is responsible for ensuring that advertisements are not misleading and are backed by scientific evidence when necessary (FTC, n.d). Therefore, the county study that showed a link between Drive-In Don’s burgers and cholesterol is a reasonable form of evidence. However, it would necessary to repeat this study to show that the eating habits of these children outside of school are not negatively impacting their health. If this issue is only related to Drive-In Don’s burgers, then George and Mary will have a case.

References

FTC. (n.d.). Truth in Advertising. Retrieved from http://www.ftc.gov/news-events/media-resources/truth-advertising

Legal Information Institute. (n.d.). 15 U.S. Code § 54 – False advertisements; penalties. Retrieved from http://www.law.cornell.edu/uscode/text/15/54

U.S. Food and Drug Administration. (2010). Light, Low, Mild or Similar Descriptors. Retrieved from fda.gov

Wilson L. (2000). The Advertising Law Guide: A Friendly Desktop Reference for Advertising Professionals. New York: Allworth Press.