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Pace Law Faculty Publications

1990

Consumer Protection Law

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Can It Really Be Unconstitutional To Regulate Product Safety Information?, David S. Cohen Jan 1990

Can It Really Be Unconstitutional To Regulate Product Safety Information?, David S. Cohen

Pace Law Faculty Publications

In this paper, I examine the impact of two Supreme Court decisions on information-based product safety regulation which, in a variety of guises in Canada, can be said to restrict manufacturers', distributors' and marketers' ability to "express" themselves. In the end, I conclude that, if one appreciates the justification for and the processes by which this kind of product safety regulation is instituted, there is only a small risk that the current regulatory activity will be held unconstitutional. When one takes into account the degree of co-operation between business and government in establishing the content of most regulatory activity and ...