The Arizona House of Representatives Commerce Committee has reportedly
approved a bill (H.B. 2490) that would block cities and counties from enacting
laws that would prohibit restaurants, food establishments or convenience
stores from offering “consumer incentive items” with meals. Scheduled to go
before the House for a full vote, the law identifies the items as “any licensed
media character, toy, game, trading card, contest, point accumulation, club
membership, admission ticket, token, code or password for digital access,
coupon, voucher, incentive, crayons, coloring placemats or other premium or
prize or consumer product.”

Telling a news source that “government needs to stay out of the way of free
enterprise,” Representative Jim Weiers (R-Glendale) challenged arguments
that toy giveaways tied with high-fat, high-calorie meals contributed to
childhood obesity. “Ask the parents who are supposed to be ultimately
responsible,” he said. But House Minority Leader Chad Campbell (D-Phoenix)
asserted that the issue should be left to local governments. “If the cities want
to try and do that and the voters of the city are unhappy, the voters of that
city can throw out that city council and that mayor,” he said. See The Sierra
Vista Herald, February 25, 2011.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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