George and Mary just may have a case. Their strongest legal argument is, the proof proper nutrition is required for the best function of human beings. The National School Lunch Act USC 1751, et. Seq.(2010). Sec 2 of the Act, states the purpose of the Act. It states “It i8 hereby declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation's children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in aid and other means, in providing an adequate supply of food and other facilities for the establishment, maintenance, operation and expansion of nonprofit school lunch programs “, according …show more content…
Is it illegal? There is the Food Allergen Labeling and Consumer Protection Act of 2004 [Public Law 108-282, Title II] 21 U.S.C. 301, an amendment to the the Federal Food, Drug, and Cosmetics Act that requires that the label of a food that contains an ingredient that is or contains protein from a “major food allergen” declare the presence of the allergen in the manner described by the law. Www.fda.gov continues by giving a list of “major food allergens”. However, this Act does not require that Drive-In Don's label the food contents of its products. If food is placed in a wrapper or container in response to a customer's order, labeling in not required (FDA U.S Food and Drug Administration, …show more content…
Basically, illegal and deceptive advertising is false advertising The Federal Trade Policy Statement on Deception (Cliffdale Associates, Inc 103 F.T.C. 110, 174 (1984)) gives defining elements of deception. It states, “First, there must be a representation, omission or practice that is likely to mislead the consumer.4 Practices that have been found misleading or deceptive in specific cases include false oral or written representations, misleading price claims, sales of hazardous or systematically defective products or services without adequate disclosures, failure to disclose information regarding pyramid sales, use of bait and switch techniques, failure to perform promised services, and failure to meet warranty obligations.5 “. Just on the first element alone, Drive-In Don's is not practicing deceptive advertising. The most George and Mary can state is, under the School Lunch Act, the school is in violation of now providing healthier choices for the student. A school should be a safe haven for