Child obesity rates in America have reached historic highs and sexual images of physical perfection are seen in much of today’s advertising with an astound prevalence. Many images seen have been shown to be less than honest, with the bodies of models being airbrushed after capturing the picture to enhance those bodies’s flawlessness.

Imagine a new dietary supplement comes out (note: dietary supplements are not regulated by the FDA) and purports to be advertising to adults only, but the context of the commercials strongly suggest the advertisements are marketing to teens. The ads seem to be preying on teen insecurities and with an epidemic weight problem and increasing pressures in t.v. and magazines to be thin, many teens could be expected to consider to use the product. The product is advertising on air time of shows that are viewed by young adults, but also has a large audience of teenagers.

The product has demonstrated that it is effective in causing effective weight loss, but due to the product genre’s relative lack of regulation and oversight, it did not have to prove itself safe and concerns are being raised that the product may cause long-term detriment to heart health.

Should advertising of this product be regulated?

What established precedents might allow for the regulation of this commercial speech?

What cases in the past could be referenced to help illustrate the issues of this matter?