A McDonalds Happy Meal consists of an entre, a small order of French fries, a small drink,
Question:
A McDonald’s Happy Meal® consists of an entrée, a small order of French fries, a small drink, and a toy.
In the early 1990s, McDonald’s Corp. began to aim its Happy Meal marketing at children aged one to three. In 1995, McDonald’s began making nutritional information for its food products available in documents known as “McDonald’s Nutrition Facts.” The documents list the food items that the restaurant serves and provide a nutritional breakdown, but the Happy Meal is not included.
Marc Cohen filed a suit in an Illinois state court against McDonald’s. Cohen alleged, among other things, that McDonald’s had violated a state law prohibiting consumer fraud and deceptive business practices by failing to follow the Nutrition Labeling and Education Act (NLEA). The NLEA generally requires that standard nutrition facts be listed on food labels. The act, however, sets out different, less detailed requirements for products specifically intended for children under the age of four.
Does it make sense to have different requirements for children of this age? Why or why not? Should a state court impose regulations when the NLEA has not done so? Explain.
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