Question: A Question of Ethics. One of the products that McDonald's Corp. sells is the Happy Meal, which consists of a McDonald's food entrée, a small order of French fries, a small drink, and a toy. In the early 1990s, McDonald's 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." Each document lists each food item that the restaurant serves and provides a nutritional breakdown, but the Happy Meal is not included. Marc Cohen filed a suit in an Illinois state court, alleging, among other things, that McDonald's had violated a state law prohibiting consumer fraud and deceptive business practices by failing to adhere to the National Labeling and Education Act of 1990 (NLEA). The court dismissed the suit, and Cohen appealed to a state intermediate appellate court, which affirmed the dismissal, holding that the NLEA preempted the plaintiff's claims. In view of these facts, consider the following questions.
1 What does the NLEA provide? The NLEA sets out different requirements for products specifically intended for children under the age of four. Does this make sense? Is this ethical? Why or why not?
2 Because the federal government has not established certain requirements for children under the age of four, there are no regulations under the NLEA for reporting these requirements. Should a state court impose such regulations? Explain.