1. 57. See Vill. of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 496 (1982) (holding a local ordinance requiring a license to sell drug paraphernalia and restricting the manner of marketing such products did not “appreciably limit [the retailer]'s communication of information.”). This example lends itself to further hypothesizing: How might such a regulation of the marketplace impact marketing? If such a policy were adopted widely or on a state level, cereal companies would likely move the nutritional label to the front of the box so that traditional package imagery could still be seen next to the label. Of course, this would limit the amount of space available for traditional imagery, thereby “limiting” marketing as an incidental effect of regulating the marketplace.
2. 19. While the federal Child Nutrition and WIC Reauthorization Act of 2004 requires that all school districts participating in the National School Lunch Program have implemented local wellness policies by July 1, 2006, it remains to be seen how many of these policies will address healthy vending practices.
3. 5. Tobacco Control Section, CA Department of Health Services, A Model for Change: The California Experience in Tobacco Control, at 3–4, available at (last visited December 7, 2006).
4. Neighborhood characteristics associated with the location of food stores and food service places
5. 50. Yancey, et al., supra note 48, at 8.