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Chapter 44
Consumer Protection and Product Safety
VI. Answers to Critical Legal Thinking Cases
44.1 Food Regulation
Yes, Engel and Gel Spice violated the section of the Federal Food Drug and Cosmetic Act that concerns
adulterated foods. The FDA prohibits the shipment, distribution, or sale of adulterated food. Under the
act, a food is deemed adulterated if it consists in whole or in part of any “filthy, putrid, or decomposed
United States v. Gel Spice Co., Inc., 601 F.Supp. 1205, 1984 U.S. Dist. Lexis 21041 (United States
District Court for the Eastern District of New York)
44.2 Cosmetics Regulation
a substance used both to alter the appearance of and to promote the attractiveness of the consumer.
Because the tablets were a cosmetic, the FDA had to approve the use of any color additive in them.
Because canthaxanthin had never been approved for use as a color additive in cosmetics, the French
Bronze Tablets violated the FDA and could be seized and condemned. U.S. v. Eight Unlabeled Cases of
the Second Circuit)
VII. Answer to Ethics Case
44.3 Ethics Case
misinformed.” If it becomes impossible or impracticable to show simulated demonstrations on television
in a truthful manner, this indicates that television is not a medium that lends itself to this type of
commercial. If the inherent limitations of a method do not permit its use in the way a seller desires, the
seller cannot by material misrepresentation compensate for those limitations. The U.S. Supreme Court
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Colgate and Bates engaged in unethical conduct. They engaged in deceptive advertising without
informing the public that what it was seeing in the television commercial was not actually what the
