[TRADE MARK] contains a high amount of sugar and, if consumed in large quantities, increases the risk of obesity and cavities.The new warning statements require a direct association between the producer's mark and the warning message. Critics argue that the warnings may mislead consumers by implying that some brands are more harmful than others.
It is reported that the Attorney General’s Office has issued an opinion stating that the resolution is unconstitutional because the proposed warnings are not required by federal law. Compliance with the resolution is required by December 26, 2010; non-compliant businesses face a fine, without prejudice to any further civil or criminal liability.
Source: INTA Bulletin, September 15, 2010, Vol. 65, No. 16