The Cheerios Kerfluffle

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Ultimately General Mills will win

As long as their claims are true and they can back it up (and they say they can), ultimately the government cannot stop General Mills from making the claim. General Hills may have to jump through some legal hoops to do so, but the government has to provide them a legal path to allow them to make the claim.

If the FDA flat out refuses to do so under any circumstance, then it goes to the judicial system (i.e. GM will sue the FDA). And once it gets to that point, judicial system has this funny thing where they tend to take the US Constitution very seriously. And the Constitution is very clear about how the government cannot abridge one's freedom of speech without just cause. And the FDA's claim of "it can't make a health claim unless it's a drug" is not going to pass as just cause, because that is an arbitrary rule. The only way a judge would rule against General Mills is if either the claim is false, or if the FDA gave them a clear procedure to be able to make the claim and General Mills failed to complete that procedure.

Posted by: Michael Kelly   Posted on: 05/14/09 You are currently: a Guest | Members login | Terms of Use

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