Food Police to Require Menus to Show Calories of Items

Politico:  “Buried deep in the House health care bill is a provision, likely to raise nanny-state hackles, requiring fast-food chains and vending machine owners to notify customers of calorie counts — by conspicuously posting nutritional information on menus or machines.  The provision — Section 2572 — requires retail food establishments ‘part of a chain with 20 or more locations’ to list calorie counts ‘on the menu board including a drive-through board,’ . . . .  A ‘vending machine operator shall provide a sign in close proximity to each article of food or the selection button’ that includes similar data.'”

Legal Mumbo Jumbo In Contracts Goes Intergalactic

Wall St. Journal:  “Lawyers for years have added language to some contracts that stretches beyond the Earth’s atmosphere. But more and more people are encountering such everywhere-and-forever language as entertainment companies tap into amateur talent and try to anticipate every possible future stream of revenue.   Experts in contract drafting say lawyers are trying to ensure that with the proliferation of new outlets — including mobile-phone screens, Twitter, online video sites and the like — they cover all possible venues from which their clients can derive income, even those in outer space.”

Stanford Professor of Constitutional Law Says Pay Czar Is Unconstitutional

Wall St. Journal:  “Last week’s announcement that ‘Pay Czar’ Kenneth Feinberg slashed compensation for executives at seven large financial firms by an average of 50% stunned Wall Street, stoked the fires of populist resentment, and troubled economists. Will this government-mandated pay cut drive the most talented professionals away from these companies, endangering their recovery? Does it augur further politicization of economic decisions?”

Lost in the arguments over economics and political theory, however, is a more basic question: Was this action constitutional?

A Website’s False Disclaimer that It Collects Personal Information from Children under Age 13 Can Lead to Doubled Penalties from the FTC

Digital Media Lawyer Blog:  “The FTC’s recent settlement against soft goods marketer Iconix Brand Group, Inc. shows the hazards of trying to skirt the hassles of compliance with the Childrens’ Online Privacy Protection Act (COPPA).  15 U.S.C. §§ 6501-6506.  If your website privacy policy disclaims an intent to collect information from kids and asks kids not to submit personal information on your site, but you have reason to know that these policies are being ignored, you may actually set yourself up for double penalties — for failure to comply with COPPA and for engaging in deceptive acts.”

Troubling Signals On Free Speech

National Journal Magazine:  “In his eagerness to please international opinion, President Obama has taken a small but significant step toward censoring free speech.  It was nice to hear Secretary of State Hillary Rodham Clinton say on October 26, “I strongly disagree” with Islamic countries seeking to censor free speech worldwide by making defamation of religion a crime under international law.  But watch what the Obama administration does, not just what it says.  I’m not talking about its attacks on Fox News.  I’m talking about a little-publicized October 2 resolution in which Clinton’s own State Department joined Islamic nations in adopting language all-too-friendly to censoring speech that some religions and races find offensive.”

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