Corporations Are Not People: Why They Have More Rights Than You Do and What You Can Do About It (31 page)

20
. Alliance for Justice,
Justice for Sale: Shortchanging the Public Interest for Private Gain
(Washington, D.C.: Alliance for Justice, 1993).

21
. Amicus brief of the U.S. Chamber of Commerce,
First National Bank of Boston
v.
Bellotti,
U.S. Supreme Court, 1977 WL 189653 (1977).

22
.
First National Bank of Boston
v.
Bellotti,
435 U.S. 765 (1978).

23
.
Central Hudson Gas & Electric Corp.
v.
Public Service Commission of New York,
447 U.S. 557 (1980).

24
. National Chamber Litigation Center, “Business Is Our ONLY Client” and “Celebrating Thirty Years of Advocacy in the Courts,”
Business Advocate,
Spring 2007.

25
. Center for Responsive Politics, “Lobbying: Top Spenders, 1998-2011,”
OpenSecrets,
http://www.opensecrets.org/lobby/top.php?indexType=s
(accessed July 21, 2011), and
“Lobbying: Top Industries, 1998-2011,”
Open Secrets,
http://www.opensecrets.org/lobby/top.php?indexType=i
(accessed July 21, 2011).

26
. Since 1995, Gallup has regularly polled the following question:

All in all, which of the following best describes how you feel about the environmental problems facing the earth?

(1) Life on earth will continue without major environmental disruptions only if we take additional, immediate, drastic action concerning the environment; or

(2) we should take some additional actions concerning the environment; or

(3) we should just take the same actions we have been taking on the environment.

1
. Kessler, Final Opinion, 974.

2
.
Bad Frog Brewery
v.
New York State Liquor Authority,
134 F.3d 87, 91 and n. 1 (2d Cir. 1998).

3
.
Laurus & Brother Company
v.
Federal Communications Commission,
447 F.2d 876 (1971).

4
. Kessler, Final Opinion, 1207-1208.

5
. Ibid., 974

6
. Ibid., 1008-1115.

7
. Ibid., 972.

8
. Ibid., 1207.

9
. Ibid., 977-978.

10
.
Lorillard Corp.
v.
Reilly,
533 U.S. 525 (2001), citing studies by the FDA that “72% of 6 year olds and 52% of children ages 3 to 6 recognized ‘Joe Camel,’ the cartoon anthropomorphic symbol of R. J. Reynolds’ Camel brand cigarettes.” After the introduction of Joe Camel, Camel cigarettes’ share of the youth market rose from 4 percent to 13 percent.

11
. Ibid., 534-535:

“(5) Advertising Restrictions. Except as provided in [§ 21.04(6)], it shall be an unfair or deceptive act or practice for any manufacturer, distributor or retailer to engage in any of the following practices:

“(a) Outdoor advertising, including advertising in enclosed stadiums and advertising from within a retail establishment that is directed toward or visible from the outside of the establishment, in any location that is within a 1,000 foot radius of any public playground, playground area in a public park, elementary school or secondary school;

“(b) Point-of-sale advertising of cigarettes or smokeless tobacco products any portion of which is placed lower than five feet from the floor of any retail establishment which is located within a one thousand foot radius of any public playground, playground area in a public park, elementary school or secondary school, and which is not an adult-only retail establishment.” [§§21.04(5)(a)-(b)]

12
. Ibid., §1.

13
.
Lorillard Tobacco Co.
v.
Reilly,
2001 WL 193609 (U.S.), 20 (U.S. amicus brief, 2001).

14
. See Brief of the Washington Legal Foundation in
Lorillard Tobacco Co.
v.
Reilly,
and
Altadis U.S.A.
v.
Reilly,
2001 WL 34135253 (U.S.):

Because it involves restrictions on wholly truthful speech—a category of speech for which extremely few restrictions are warranted, regardless whether the speech is commercial or noncommercial—this case provides a particularly appropriate occasion
to provide
Central Hudson
with the overhaul it desperately requires… . Any First Amendment test that could even arguably be applied to uphold sweeping speech restrictions of the type at issue in this case has little to recommend itself….

The importance of advertising in our free-market economy cannot easily be overstated.

15
.
Lorillard Corp.
v.
Reilly,
533 U.S. 525 (2001). Tom Reilly had succeed Scott Harshbarger as attorney general of Massachusetts.

16
. Michael Pollan, “Playing God in the Garden,”
New York Times,
October 25, 1998,
http://www.nytimes.com/1998/10/25/magazine/playing-god-in-the-garden.html
(accessed July 21, 2011).

17
. Parliament of Canada, Standing Senate Committee on Agriculture and Forestry, “rBST and the Drug Approval Process,” Interim Report, March 1999,
http://www.parl.gc.ca/Content/SEN/Committee/361/agri/rep/repintermar99-e.htm#C.%20Conclusions%20 Reached
(accessed April 28, 2011).

18
. Personal communication, March 8, 2011.

19
. Vermont’s proposed findings of fact no. 9, George Aff.
45, Ex. N (FDA letter, July 27, 1994), in
International Dairy Foods Association
v.
Amestoy,
92 F.3d 67 (2nd Circ. 1996).

20
.
International Dairy Foods Association
v.
Amestoy,
6 V.S.A. (1996), §2754(c).

21
. Affidavit of Donald George, acting commissioner and director of the Animal and Dairy Industries Division of the Vermont Department of Agriculture filed in
International Dairy Foods.

22
. Ibid.

23
. Kessler, final order, 4-5, 97.

24
. The industry lawyers did not bother to submit to the public process the hundreds of pages of affidavit materials that they filed in court a short time later when the industry sued to block the law after the commissioner completed the implementation of the labeling law. The commissioner viewed this as an industry attempt to “subvert the process,” suspended the rule, and took all of the new material under review so that it could be considered before the final rule took effect. George affidavit,
International Dairy Foods.

25
.
International Dairy Foods,
Surreply Brief of State of Vermont, 8; Groves affidavit; Buckley affidavit.

26
.
Monsanto Company
v.
Oakhurst Dairy,
United States District Court for the District of Massachusetts, Case 1:03-cv-11273-RCL, Answer of Oakhurst Dairy.

27
.
International Dairy Foods,
Memorandum in Support of Plaintiffs’ Renewed Motion for Preliminary Injunction, 2, 16.

28
.
International Dairy Foods Association
v.
Amestoy,
898 F.Supp. 246, 250 (D. Vt. 1995).

29
.
International Dairy Foods Association
v.
Amestoy,
92 F.3d 67 (2nd Cir. 1996).

30
. Personal communication, March 8, 2011.

31
. Powell, “Attack.”

32
. Thomas Jefferson,
Notes on Virginia
(1782).

33
.
Wisconsin
v.
Yoder,
406 U.S. 205, 213, 225 (1972).

34
. Susan Linn and Courtney L. Novosat, “Calories for Sale: Food Marketing to Children in the 21st Century,”
Annals of the American Academy of Political and Social Science,
615 (2008): 133-155.

35
. Campaign for a Commercial-Free Childhood, “Ronald McDonald Report Card Ads Expelled from Seminole County; CCFC Campaign Ends Controversial In-School Marketing Program,” January 17, 2008,
http://commercialfreechildhood.org/pressreleases/ronaldmcdonald.htm
(accessed July 22, 2011).

36
. Channel One, “Terms and Conditions of Network Participation,”
http://help.channelone.com/pdfs/12-07-07/2008-Link-LeftNav&Contact-Terms.pdf
(accessed September 4, 2011), p. 4.

37
. Juliet B. Schor,
Born to Buy: The Commercialized Child and the New Consumer Culture
(New York: Scribner, 2004), p. 21.

38
. In 2006, 82 percent of schools had corporate advertisements. Alex Molnar, David R. Garcia, Faith Boninger, and Bruce Merrill,
A National Survey of the Types and Extent of the Marketing of Foods of Minimal Nutritional Value in Schools
(Tempe: Commercialism in Education Research Unit, Arizona State University, 2006).

39
. Jennifer Medina, “Los Angeles Schools to Seek Sponsors,”
New York Times,
December 15, 2010.

40
. Ibid.

41
. Alex Molnar, Faith Boninger, Gary Wilkinson, Joseph Fogarty, and Sean Geary,
Effectively Embedded: Schools and the Machinery of Modern Marketing: The Thirteenth Annual Report on Schoolhouse Commercializing Trends, 2009-2010
(Boulder, Colo.: National Education Policy Center, 2010),
http://nepc.colorado.edu/publication/Schoolhouse-commercialism-2010
(accessed March 15, 2011).

42
. Susan Linn and Josh Golin, “Beyond Commercials: How Food Marketers Target Children,”
Loyola of Los Angeles Law Review,
May 2006, p. 24,
http://llr.lls.edu/volumes/v39-issue1/docs/linn.pdf
(accessed July 22, 2011).

43
. Catey Hill, “10 Things Snack Food Companies Won’t Say,”
Smart Money,
November 15, 2010,
http://www.smartmoney.com/spending/for-the-home/10-things-snack-food-companies-wont-say/?page=3
(accessed July 22, 2011).

44
. California Pan-Ethnic Health Network and Consumers Union,
Out of Balance: Marketing of Soda, Candy, Snacks and Fast Foods Drowns Out Healthful Messages,
September 2005,
http://nepc.colorado.edu/files/CERU-0509-140-OWI.pdf
(accessed July 22, 2011).

45
. “Overweight children are at risk for a number of medical problems, including hypertension, asthma, and Type 2 diabetes, a disease that previously has been found primarily in adults. Since 1980, the proportion of overweight children ages six to eleven has more than doubled to 15.3%; for adolescents, the rate has tripled to 15.5%.” [Linn and Golin, “Beyond Commercials,” pp. 13-14]

46
. Federal Trade Commission,
Marketing Food to Children and Adolescents: A Review of Industry Expenditures, Activities, and Self-Regulation
(Washington, D.C.: Federal Trade Commission, 2008),
http://www.ftc.gov/os/2008/07/P064504foodmktingreport.pdf
(accessed July 22, 2011).

47
. FTC Improvements Act of 1980, Pub. L. No. 96- 252, Sections 11(a)(1), 11(a)(3), 94 Stat. 374 (1980), codified in part at 15 U.S.C. §57a(i).

48
. Molnar et al.,
Effectively Embedded.

49
. Allen D. Kanner, “Today’s Class Brought to You by…,”
Tikkun,
January-February 2009, pp. 25-26,
http://www.commercialfreechildhood.org/articles/featured/todaysclass.pdf
(accessed July 22, 2011).