On October 30, 2015, Nigel Barrella presented at the Food and Drug Law Institute’s “Constitutional Challenges” Symposium. His article, Constitutional Limits on Compulsory Labeling, is to be published in the Food and Drug Law Journal later this year.
The article is a comprehensive review of how courts have handled First Amendment challenges to mandatory labeling laws (particularly in the food and drug context). Increasingly, businesses have been using the First Amendment to object to labeling requirements, but courts (while taking the issue seriously) have rarely invalidated compulsory labeling requirements involving factual information. In the article, Nigel describes which challenges to labeling laws are most viable, and which are not.