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The Constitutionality of Generic Advertising Checkoff Programs

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  • Crespi, John M.
  • McEowen, Roger A.

Abstract

Until recently, the legal status of generic advertising programs seemed questionable. After an initial victory for generic advertising proponents in 1997 in Glickman v. Wileman Brothers & Elliott, Inc. (521 U.S. 457 (1997)), the U.S. Supreme Court ruled four years later in United States v. United Foods, Inc. (533 U.S. 405 (2001)) that the federally-mandated mushroom advertising program was not part of a larger regulatory scheme (as was present in the 1997 case), and was, therefore, unconstitutional as compelled private speech. To many, the marketing of mushrooms under the checkoff statute at the heart of the United Foods case seemed no different from the way in which other commodities promoted through checkoff programs, like beef and pork, were marketed. After the United Foods case, it seemed only a matter of time before all mandatory checkoff programs would be ruled unconstitutional as well.
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Suggested Citation

  • Crespi, John M. & McEowen, Roger A., 2006. "The Constitutionality of Generic Advertising Checkoff Programs," Choices: The Magazine of Food, Farm, and Resource Issues, Agricultural and Applied Economics Association, vol. 21(2), pages 1-6.
    • Handle: RePEc:ags:aaeach:94410
    DOI: 10.22004/ag.econ.94410
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    Cited by:

    1. Batie, Cicely M. & Dennis, Elliott J. & Lubben, Bradley D., 2020. "Do state-level agricultural promotion programs increase agricultural output? The case of the Livestock Friendly County designation program in Nebraska," 2020 Annual Meeting, July 26-28, Kansas City, Missouri 304399, Agricultural and Applied Economics Association.
    2. Melissa G. S. McKendree & Glynn T. Tonsor & Ted C. Schroeder & Nathan P. Hendricks, 2020. "Impacts of Retail and Export Demand on United States Cattle Producers," American Journal of Agricultural Economics, John Wiley & Sons, vol. 102(3), pages 866-883, May.

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    Keywords

    Agricultural and Food Policy; Marketing;

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