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Eva Kocher's book, "Digital Work Platforms at the Interface of Labour Law: Regulating Market Organisers," explores the legal status and rights of digital platform workers. Kocher takes an integrative approach, combining management and organizational theories with labor law models. The book discusses worker classifications and labor law theory, as well as the unique characteristics of digital platform work. Kocher proposes the creation of an intermediate category for digital platform workers, which would provide them with labor rights and collective bargaining power. While the book is rich in theories and legal analysis, it does not fully address the power dynamics and technological aspects of digital platform work. [Extracted from the article]

European administrative networks (EANs) are an increasingly prominent form of European Union (EU) governance. Although these networks are typically portrayed as important and flexible forms of organization, we lack knowledge of their temporal dimension, including their development in times of crisis. This paper provides a first analysis of network interaction as it unfolds before and during times of severe crisis for the EU internal market. Specifically, we examine interactions in the EU internal market network SOLVIT. This network offers member states both a formalized procedure for the bilateral resolution of cases of alleged misapplication of EU law, and an informal network for general discussions on internal market topics and SOLVIT‐related matters beyond specific case‐resolution. Based on unique three‐wave survey data, we develop a continuous‐time model (stochastic actor‐oriented model) to analyze the evolution of SOLVIT's informal interactions over time. In explaining these developments, we reflect on the importance of two crises: the exit of a central SOLVIT member (the United Kingdom), which drove informal interactions to a great extent, and COVID‐19, which led to great sudden uncertainty and challenges for the implementation of internal market law. Our results show that the network is remarkably stable and despite, or rather because of, these crises, has become denser over time. [ABSTRACT FROM AUTHOR]

This article discusses why EU economic (competition and internal market) law is hospitable to and can be enriched by socio-legal and critical insights about the instability of the economic/non-economic distinction, the unavoidable plurality of market arrangements as shaped by legal regulation, as well as the distributive effects of the said arrangements. The proneness of EU economic law to critical insights can be ascribed to: its subject matter, as law in this area maps upon everyday market experiences; the casuistic development of EU law; the wide scope of EU economic law, which interferes with arrangements understood as non-economic; the non-outcome-determinative character of EU law. Through discussion of two CJEU decisions - a competition decision dealing with selective distribution (Coty) and an internal market decision on the regulation of AirBnb (Cali Apartments) - I illustrate how more explicit deployments of socio-legal and critical approaches can enrich EU economic law and specifically its teaching. [ABSTRACT FROM AUTHOR]

Background: On 6 February 2023, an Mw 7.8 earthquake struck southern and central Türkiye and north-western Syria, affecting the lives of 4.6 and 2.5 million children, respectively. In such crises, infants who are dependent on commercial milk formula (CMF) face increased vulnerability to diseases and malnutrition as safe preparation of CMF becomes difficult and sometimes impossible. The Operational Guidance on Infant and Young Child Feeding in Emergencies (OG-IFE) provides guidance on protecting and supporting recommended infant and young child feeding and minimizing the risks that come with CMF feeding. In addition, the International Code of Marketing of Breastmilk Substitutes (the Code) ensures adequate nutrition for infants by protecting and promoting breastfeeding and ensuring the proper usage of CMF. This study aims to document violations of the Code and the OG-IFE during the earthquake relief efforts to help strengthen infant and young child feeding emergency responses and inform future disaster relief policies. Methods: Data was collected from 6 February to 10 March 2023 through Internet sources. Social media, news websites, and the Emergency Nutrition Network forum were used for data collection. Turkish content was translated into English for analysis, with a focus on donation-related information and Code violations related to baby food and infant feeding. Results: A total of 40 reports on CMF, complementary food, and feeding equipment donations were collected. Three main types of violations of the OG-IFE and the Code were identified, with the majority of them being incidences of individuals, humanitarian organizations, and government agencies seeking or accepting donations. Infant formula companies continued to violate the Code by donating large quantities of CMF and feeding equipment to the Turkish Red Crescent, government agencies, and disaster relief infant and young child feeding (IYCF) coordination authorities. Conclusions: These incidents reflected a systematic violation of the Code and non-compliance with the OG-IFE. Globally accepted IYCF standards and recommendations were not consistently followed due to fragmented early responses. There is a critical need to step up efforts to ensure appropriate and safe IYCF practice protecting and supporting breastfed and non-breastfed infants in emergencies. [ABSTRACT FROM AUTHOR]

Online platforms have transformed gambling into a daily activity for many, raising concerns about its potential harm. Notably, marketing strategies play a crucial role in influencing gambling behaviors and normalizing gambling. This study aims to explore the relationship between monthly marketing expenditure by the gambling industry, the online amount of money bet, and the number of online accounts (active and new) in Spain. A secondary goal is to assess the impact of marketing restrictions under the Spanish Royal Decree 958/2020 on the relationship between marketing and online gambling behavior. Longitudinal study. Data covering January 2013 to December 2023. Dependent variables included: new accounts, active accounts, gambler deposits, and the total money bet. Independent variables included: expenditure on advertising, bonuses, affiliate marketing, and sponsorship. A Seasonal Autoregressive Integrated Moving Average (SARIMA) model was employed to assess marketing's impact on online gambling behavior. Findings show that investment in advertising (P ≤ 0.025), promotions (P < 0.001), and sponsorships (P ≤ 0.004) significantly increase the number of new and active accounts, deposits, and total money bet. For instance, it has been estimated that, for every €1 invested in bonuses and sponsorship, gamblers deposit €1.6 and €4 into their accounts, respectively. Moreover, the Spanish law regulating gambling advertising has seemingly weakened the link between marketing expenditure and gambling behavior, with the notable exception of bonuses, where the impact has intensified. These results underline the importance of ongoing monitoring and regulation of gambling behavior in Spain, emphasizing the need for strict adherence to regulations. [ABSTRACT FROM AUTHOR]

Flavored cigarettes encourage youth smoking and deter quitting. No country in Asia-Pacific, a region with some of the world's highest smoking rates, has regulated tobacco flavors. We examined market data, academic literature, and gray literature to describe what is known on flavored cigarettes in the Asia-Pacific region. Of the 12 countries for which market data were available, ten had substantial flavored cigarette market shares ranging from 10% to 97%. With no regulations and growing markets for flavor capsule variants, the tobacco industry's ongoing promotion of flavored cigarettes, which targets primarily youth and women, is expected to drive further increases in smoking prevalence. There are significant research and monitoring gaps on the industry's marketing tactics and use of flavored cigarettes in the region. Given the large market shares, Asia-Pacific countries stand to benefit substantially from a tobacco flavors ban. [ABSTRACT FROM AUTHOR]

Breastfeeding rates in Vietnam, and globally, remain suboptimal. A major contributor to this is the aggressive marketing of commercial milk formulas (CMF), mainly through online media. The Vietnamese Government has implemented legal measures to limit CMF marketing, but these have been difficult to enforce, because of complex online environments. We aimed to quantify the extent and nature of online violations and contradictions in various Vietnamese laws related CMF marketing over 12 months in 2022. Using a cross‐sectional study design, we used an artificial intelligence‐enabled virtual violations detector (VIVID) to monitor official websites and social media pages of 25 breastmilk substitute (BMS) merchandise and distributors, every day for 12 months in 2022. Data were summarised descriptively. We detected more than 3000 online advertisements that violated or contradicted the intent of Vietnamese laws, involving almost 7000 violations of various articles within these laws (average 9.5 violations per day). More than 700 detections were related to CMF products being registered as “supplementary foods” or similar, thereby circumventing Vietnamese CMF marketing laws, because they are not registered as “BMS products. We demonstrate the need to strengthen the design, monitoring and enforcement of existing Vietnamese laws to eliminate mothers” exposure to the exploitative digital marketing of CMF. By turning a highly resource‐intensive task into one that is, automated requiring substantially less resources, our study represents the most comprehensive in Vietnam and internationally on the extent and nature of the online marketing of BMS. VIVID can be applied worldwide to hold industry accountable for the inappropriate marketing of CMF. [ABSTRACT FROM AUTHOR]

Copyright of Zeitschrift für Bankrecht und Bankwirtschaft is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper presents a critical examination of recent Polish takeover regulation from a perspective of evolution of capital market law in Poland. The study is based on both legal analysis and an empirical and statistical approach. Firstly, as a starting point, it briefly describes the mandatory bid rule and Takeover Bids Directive as well as the development of early Polish provisions. Secondly, the paper elaborates on the normative model of takeovers, which was in force until 2022. Using a case study and a comprehensive statistical examination of all mandatory bids carried out between 2008 and 2017, it shows how the unusual and incorrect legislative structure of two thresholds of control (33% and 66% of votes) allowed the actual circumvention of mandatory bids, to the detriment of minority shareholders. The paper also describes political considerations and political influences on the legislative process, which led to the failure of the 2014–2015 takeover law proposal. The core of the paper is devoted to the current takeover rules. Statistical research of ownership structures in Poland shows that the threshold of control set at 50% of votes is undoubtedly too high, which entails risks to investor protection that may arise from the adopted model. Based on research on significant holdings in Polish listed companies, the paper further elaborates on the notion of control over a public company and proposes a regulatory utility function to determine the desired threshold of control. This leads to the conclusion that the optimal regulatory threshold of control, given the characteristics of the Polish capital market, is 30% of votes. [ABSTRACT FROM AUTHOR]

Social media drug markets are likely to present people participating in these spaces with new vulnerabilities to law enforcement. There is currently limited research on how people perceive and manage the risk of exposure to law enforcement in social media drug markets. This is particularly notable considering widespread practices of user data collection and the normalization of surveillance as part of social media engagement. We present a thematic analysis of data from anonymous online interviews with people who buy and sell drugs (N = 33) via social media and messaging apps in New Zealand. We use the concept of "imagined surveillance" to explore how participants adapted existing understandings of online surveillance to online risk management strategies to avoid police. Most participants reported low concern for exposure to law enforcement while using social media and messaging apps for drug trading. Nevertheless, almost all participants took active risk management measures. Examples of strategies used included limiting the accumulation of evidence via self-deleting messages or arranging drug trades using code language. Participants often also reported low concern for their digital trace data to be accessed by police. Navigating law enforcement risk in social media drug markets is likely to be informed and shaped by more general perceptions of digital privacy risk and related management strategies, particularly in more normalized drug market contexts. The potential for broader and unexpected consequences to result from the use of drug-related digital trace data across public and private contexts is discussed. [ABSTRACT FROM AUTHOR]

Copyright of Zeitschrift für Bankrecht und Bankwirtschaft is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In 2022, Indonesian influencers have been accused of false advertising in promoting binary option applications through social media platforms such as Instagram and TikTok. Influencers use various promotional methods to promote brands, one of which is uploading content through social media platforms to be marketed to their followers. However, online advertising and consumer protection are subject to various legal issues that influencers must navigate to ensure compliance with relevant laws and regulations. Influencers must ensure that their advertisements are honest and undisputed. Influencers must ensure that the uploaded content is truthful and not misleading, and must be able to support any claims made in their content. Failure to do so may result in legal action from consumer protection commissions or government agencies including law enforcement officials. In this paper, a legal understanding of the process of using influencers can introduce legal requirements for influencers to comply with related regulations, official guidelines, and influencer agreements. Such explicit and/ or implicit provisions to be fulfilled in the influencer agreement for example representations and warranties for the authenticity of the content created by influencers. In this paper, this study will use a systematic method to solve research problems through qualitative method and data collection using a statutory approach, a conceptual approach, interpretation of the data collected, and drawing conclusions about the research data. The data in this paper analyzes legal issues regarding influencer responsibilities in digital marketing and consumer protection laws, oversight from regulatory bodies and law enforcement officials in supervising social media endorsements, and mandatory clauses in influencer agreements. The study highlights that while influencer marketing drives substantial economic activity, it also poses various legal challenges that must be addressed to protect consumer rights and maintain market integrity. Key legal issues shall include the need for clear disclosure of sponsored content and protection against misleading advertisements. [ABSTRACT FROM AUTHOR]

This article focuses on the analysis of some contemporary Mexican literary works, in which the southern or northern geographical border of Mexico is represented as a counterhegemonic, violent, and geopolitically vulnerable space. For this purpose, the novels 2666 (2004), by Roberto Bolaño To the other side (2008), by Heriberto Yépez; The Scorched Lands (2015), by Emiliano Monge, and the testimonial collection of poems The Central American Book of the Dead (2018), by Balam Rodrigo will be reviewed in particular. In these texts, the border is configured as a territory of multiple sociocultural relations and economic transactions, in which particular values and interests are conditioned by the laws of the market. In each of these texts, drug trafficking is present directly or indirectly, who controls, manages, or eliminates everything that seems useless. [ABSTRACT FROM AUTHOR]

Conscious about the omnipresence of social networks and influencers in our lives, French policymakers adopted Law No.2023-451 of 9 June 2023 aimed at regulating commercial influence and combating the abuses of influencers on social networks. New provisions have an important impact on the marketing of financial products on social networks. This article analyses the regulation of financial influencers or "finfluencers" and its impact on marketing financial products to retail clients in the light of the new legislation. [ABSTRACT FROM AUTHOR]

Much has been written on the intertwined histories of art and money, from trompe-l'œil depictions of banknotes to so-called money art to the elements of trust and authenticity undergirding these arenas. Yet, what happens when an artwork representing paper money is inserted into the financial system itself? What mechanisms of monetary production and regulation are activated and revealed? In the 1980s and 1990s, artist JSG Boggs realized Boggs Bills — representations of banknotes that pulled the financial system and the laws regulating money into art, and likewise, pulled art into the machinery of finance and its governance. Alongside the more widely discussed modes of creative engagement such as intervention, culture jamming, and semiotic disobedience, I propose the term contrast agent to discuss the operations of Boggs Bills within the systems of art and law. This conceptualisation allows for a consideration of the laboratory-like mapping of the vectors of exchange performed by Boggs Bills as they weave through various bureaucratic systems. These works of art were injected into and circulated through different arenas of exchange, animating the bureaucracy that both constructs and regulates money. [ABSTRACT FROM AUTHOR]

Copyright of Retos, Revista de Ciencias Administrativas y Económicas is the property of Universidad Politecnica Salesiana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper discusses the role of the third-country regime and equivalence from the Swiss perspective. It provides an analysis of the evolution of the Swiss approach. The various reactions to EU developments have ranged from the attempt to implement a reciprocity principle, to the resort to unilateral recognition. An overarching purpose of the Swiss equivalence framework has consisted of the relentless pursuit of a competitiveness objective. Yet the decline of equivalence as a market access mechanism has led to favouring other market access routes. This paper concludes that the recent reforms have initiated a roadmap towards an increasing autonomy of Swiss financial market law. [ABSTRACT FROM AUTHOR]

The article discusses the use of legal commentaries and their potential problems using the example of capital market law. It is pointed out that not all commentaries meet the standards of commentary and some can even lead to legal problems. A concrete example is given in connection with the supervisory authority BaFin. The article also shows how the author of a commentary on BaFin is involved in both legislation and the concrete application of laws, which can lead to a potential conflict. It is argued that an authority should not grant itself expanded powers and that the rule of law must be preserved. The article criticizes the commentary of A/S/M (Stock, Debt, and Market Law) on certain paragraphs of the Securities Trading Act (WpHG) regarding the powers of the Federal Financial Supervisory Authority (BaFin). It is argued that the commentary leads to a leveling of intervention thresholds and an expansion of BaFin's scope of action. The article calls for more transparency and a strict separation of powers in the application and control of the law. [Extracted from the article]

The promotion of commercial milk formula (CMF) negatively impacts breastfeeding outcomes. In 2019, Singapore updated its 1979 Code of Ethics of the Sale of Infant Foods Ethics Committee Singapore (SIFECS) to increase marketing restrictions on CMF for infants 0–12 months. However, little is known about industry tactics to undermine these restrictions. This qualitative study explores health workers' and mothers' experiences with CMF marketing in Singapore following the 2019 restrictions. We conducted a qualitative study, using semistructured interviews with 14 mothers of infants aged less than 5 months and 20 health workers with expertise in antenatal, maternity, or paediatric care. We analysed data thematically using inductive coding. Five themes were identified. Mothers and health workers reported digital marketing, product line extensions with toddlers' milk and milk for mothers, and CMF sponsorships in the healthcare setting. Expert endorsement, competitive price, nutritional claims, and brand reputation influenced mothers' infant formula choices, yet both mothers and health workers appeared to be unaware of the impact of CMF marketing tactics on their own perceptions. The restriction of CMF marketing and infant feeding practices varied widely between hospitals, with private hospitals and practices having less strict controls on CMF marketing. Despite the updated SIFECS restrictions, CMF companies continue to target mothers and health workers in Singapore. SIFECS restrictions should be tightened to align with international guidelines, by increasing their scope to include toddlers' milk and prohibiting cross‐promotion, digital marketing, and any sponsorships of events targeting health workers that may create a conflict of interest. Key message: Mothers' and health professionals' exposure to commercial milk formula (CMF) promotion was still widespread in Singapore even after the new CMF restriction was implemented in 2019.Digital marketing, distribution of free samples of milk for toddlers and mothers, dubious premium health and nutrition claims, and sponsorship from CMF industries were common tactics found in this study.Updating CMF restrictions to align with the Code, including restricting CMF marketed for toddler milk, prohibiting cross‐promotion, and disallowing sponsorship from CMF industries, together with an effective enforcement system, may facilitate better control of unethical CMF promotions in Singapore. [ABSTRACT FROM AUTHOR]

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INTRODUCTION The FDA's 'The Real Cost' tobacco prevention campaign aimed to counter tobacco marketing efforts directed toward children and youths. Our objectives were to explore the associations between exposure to the FDA's campaign and cigarette risk perception among the US adolescent population, and between exposure and cigarette smoking curiosity among adolescents who never smoked cigarettes. METHODS We analyzed 3 cycles of National Youth Tobacco Survey (NYTS 2018-2020, n=53738). Multivariable logistic regression models were fitted to measure the relationship between campaign exposure and cigarettes risk perception (among all), as well as the relationship between campaign exposure and cigarette curiosity (among cigarette never smokers). RESULTS Majority of youths have reported exposure to the campaign 63% between 2018-2020. The odds of youths perceiving cigarettes as risky were 1.6 times higher among exposed compared to those not exposed (adjusted odds ratio, AOR=1.60; 95% CI: 1.43-1.79). There were some racial disparities in risk perceptions among Hispanics and Non-Hispanic Blacks across exposure groups. Exposure was associated with higher cigarettes curiosity odds among Hispanic youths who never smoked (AOR=1.26; 95% CI: 1.10-1.44) compared to their Non-Hispanic White peers. CONCLUSIONS The FDA's 'The Real Cost' campaign had exposure levels deemed essential for population-level perceptions change. Exposure was associated with youths having higher risk perceptions about the negative health outcomes related to cigarette smoking. However, students that never smoked were more curious about smoking with campaign exposure. Therefore, future health communication plans should consider both the potential benefits and possible unintended consequences prior to launching such campaigns. [ABSTRACT FROM AUTHOR]

INTRODUCTION In January 2006, the Spanish government enacted a tobacco control law that banned the advertising, promotion and sponsorship of tobacco. In January 2011, further legislation on this matter was adopted to provide a more restrictive specification of the ban. In this study, we analyze the effect produced on cigarette sales by these two prohibitions. We address this problem using a cluster time-series analysis to test whether the sales of cigarettes by brands have been homogenized with the prohibition of advertising, promotion, and sponsorship. METHODS The data source used was the official data on legal sales of cigarettes by brands in Spain, from January 2005 to December 2021 (excluding the Canary Islands and the Autonomous Communities of the cities of Ceuta and Melilla). To achieve our objective, we used log(t) test statistics to check if there is global convergence in the three selected periods according to the regulatory changes that have occurred in Spain (2005-2021, 2005-2010 and 2011-2021). Second, once absolute convergence is rejected, we applied a clustering algorithm to test for the existence of subgroup convergence. RESULTS The cigarette brands that have been marketed during the period 2005- 2021 (n=40), can only be grouped into three groups according to the behavior of their sales. When we focus on the period 2005-2010 (n=74), cigarette brands are grouped into five groups according to their sales behavior. Finally, the cigarette brands marketed during the period 2011-2021 (n=67) are grouped into three groups according to the temporal evolution of their sales. These results suggest a greater homogenization of cigarette sales after the application of the law of January 2011. CONCLUSIONS Act 42/2010 (total ban on tobacco advertising, promotion, and sponsorship actions) was associated with greater homogenization of cigarette sales than the application of Act 28/2005 (partial ban). This finding supports what is established in the previous literature that indicates that Act 42/2010 provided a more restrictive specification of the ban than Act 28/2005. [ABSTRACT FROM AUTHOR]

Restrictions on marketing of unhealthy foods and beverages to children is a globally recommended policy measure to improve diets and health. The aim of the analysis was to identify opportunities to enable policy learning and shift beliefs of relevant actors, to engender policy progress on restrictions on marketing of unhealthy foods to children. We drew on the Advocacy Coalition Framework to thematically analyse data from qualitative policy interviews conducted Australia (n  = 24), Fiji (n  = 10) and Thailand (n  = 20). In all three countries two clear and opposing advocacy coalitions were evident within the policy subsystem related to regulation of unhealthy food marketing, which we termed the 'strengthen regulation' and 'minimal/self regulation' coalitions. Contributors to policy stasis on this issue were identified as tensions between public health and economic objectives of government, and limited formal and informal spaces for productive dialogue. The analysis also identified opportunities for policy learning that could enable policy progress on restrictions on marketing of unhealthy foods to children as: taking an incremental approach to policy change, defining permitted (rather than restricted) foods, investing in new public health expertise related to emerging marketing approaches and scaling up of monitoring of impacts. The insights from this study are likely to be relevant to many countries seeking to strengthen regulation of marketing to children, in response to recent global recommendations. [ABSTRACT FROM AUTHOR]

Copyright of Revista Cultura Económica is the property of Pontificia Universidad Catolica Argentina and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The authors comment on a study by J. Manthey and colleagues about the absence of robust evidence for or against statutory restrictions on alcohol advertising. Topics include the need to accompany marketing restrictions by comprehensive evaluation programmes, principal issue about the overall evidence base, and suggestion on jurisdictions planning statutory restrictions.

A list of legislation is presented, including Commission Implementing Regulation (EU), concerning spirits, geographical indications and agricultural products, detailing approvals, corrections and non-renewals of active substances and addressing marketing standards.

The article provides an overview of the efforts of the U.S. Federal Trade Commission (FTC) to ensure truth in advertising to protect consumers from false, misleading or deceptive claims. Topics include ways FTC combats untruthful advertising under its consumer protection mandate, several factors in analyzing whether an act or practice is deceptive under Section 5 of the FTC Act, and the regulatory guidance on advertising and marketing issues released by the FTC.

Background: Tobacco-related promotional content on social media often features young-looking influencers, models, or brand ambassadors who are appealing to youth; their posts often have inconsistent disclosures of partnerships with tobacco brands and lack age-restrictions prohibiting access to users under 18 or 21 years of age. These examples demonstrate violations of the U.S. Federal Food and Drug Administration (FDA) marketing restrictions. Methods: Marketing granted orders issued by the FDA to RJ Reynolds, Logic Technology, NJOY and Phillip Morris as part of the Premarket Tobacco Product Applications (PMTA) review process were qualitatively analyzed. Marketing practices that the tobacco companies intended to adhere to (e.g., refrain from using young-looking influencers in marketing materials) were documented. Perceived age of 55 micro-influencers who promote e-cigarette products on Instagram were assessed by 15 undergraduate student raters. Results: Despite the existing regulations of tobacco-related online marketing, the use of models or influencers and overall social media marketing is not prohibited, which leaves room for potential use of loopholes. The tobacco companies that were issued marketing granted orders set different age limits for the models to be considered young-looking and not to be used in marketing materials. The perceived age of the 55 influencers assessed by the raters was between 21-30, which is below the age limit proposed in several PMTA applications. Conclusion: Tobacco product online marketing, especially on social media, is underregulated. Strengthening tobacco marketing regulations, along with partnering of policymakers with social media platforms on establishing and maintaining effective tobacco-restriction policies, could help reduce proliferation of youth-appealing marketing of tobacco products. Despite the existing regulations of tobacco-related online marketing, the use of models or influencers is not prohibited leaving room for potential violations of marketing restrictions and use of loopholes. Several tobacco companies that were granted marketing orders by the FDA stated in their PMTA applications that they would not use young models in their marketing; however, it is unclear what the implications are for deviating from this marketing practice since it is supported by the FDA but is not required. Cross-border advertising of tobacco products, especially on social media, is underregulated. This is concerning considering presence of international net of influencers, brand ambassadors and models on social media who expose their followers to tobacco promotional content inside and outside of their country's border. [ABSTRACT FROM AUTHOR]

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Aim: Regulation on food marketing to children is a recommended response to childhood obesity rates. Policy requires country‐relevant criteria to determine which foods are eligible to be advertised. This study aims to compare six nutrition profiling models for use in food marketing regulation in Australia. Methods: Advertisements on the outside of buses in five suburban Sydney transport hubs were photographed. Food and beverages advertised were analysed using the Health Star Rating; three models developed for food marketing regulation: the Australian Health Council guide and two World Health Organization models; the NOVA system; and the Nutrient Profiling Scoring Criterion used in Australian advertising industry codes. The proportion and types of products advertised on the buses that would be permitted by each of the six models were then analysed. Results: A total of 603 advertisements were identified. Of those, over a quarter of the advertisements were for foods and beverages (n = 157, 26%) and 2.3% (n = 14) for alcohol. Among the food and non‐alcoholic beverage advertisements, 84% were for unhealthy foods according to the Health Council guide. The Health Council guide would permit 31% unique foods to be advertised. The NOVA system would permit the least proportion of foods to be advertised (16%), while the Health Star Rating (40%), and Nutrient Profiling Scoring Criterion (38%) would permit the most. Conclusion: The Australian Health Council guide is the recommended model for food marketing regulation because it aligns with dietary guidelines by excluding discretionary foods from advertising. Australian governments can use the Health Council guide to develop policy in the National Obesity Strategy to protect children from marketing of unhealthy food. [ABSTRACT FROM AUTHOR]

The article stresses the need for online-specific gambling marketing regulations in the United Kingdom (UK). It argues that current advertising codes are ill-equipped to deal with online gambling advertising techniques and cautions about the enforcement challenges brought by advancements in artificial intelligence (AI). It calls for policymakers to restrict gambling marketing and establish a database where online gambling advertisements are stored.

The habitat production model in capitalist countries in general, and Latin America in particular, is based on the dynamics generated by land consumption. In Colombia, housing maintains a condition of merchandise and functions under the laws of the market even though the 1991 Constitution established it as a right. Given the current quantitative and qualitative deficit, and the imbalance resulting from inequity and the state of poverty of large sectors of the population, urban informality is perpetuated as the only housing alternative. This form of the social construction of the territory not only occurs in cities like Bogotá but is also reproduced in neighboring municipalities. If there is information to characterize the municipalities, it is possible to carry out preventive actions that mitigate the impact of informality; hence the Informality Index, which measures and records the conditions in these municipalities. [ABSTRACT FROM AUTHOR]

The Care Act 2014 gave English local authorities a duty to 'shape' social care markets and encouraged them to work co-productively with stakeholders. Grid-group cultural theory is used here to explain how local authorities have undertaken market shaping, based on a four-part typology of rules and relationships. The four types are: procurement (strong rules, weak relationships); managed market (strong rules, strong relationships); open market (weak rules, weak relationships); and partnership (weak rules, strong relationships). Qualitative data from English local authorities show that they are using different types of market shaping in different parts of the care market (e.g. residential vs home care), and shifting types over time. Challenges to the sustainability of the care system (rising demand, funding cuts, workforce shortages) are pulling local authorities towards the two 'strong rules' approaches which run against the co-productive thrust of the Care Act. Some local authorities are experimenting with hybrids of the two 'weak rules' approaches but the rival cultural biases of different types mean that hybrid approaches risk antagonising providers and further unsettling an unstable market. [ABSTRACT FROM AUTHOR]

Many of the conditions for the safe and effective use of new molecular entities (NMEs) are understood at the time of initial drug approval. However, some remaining knowledge gaps can be addressed after drug approval through postmarketing requirements (PMRs) or commitments (PMCs) established by the US Food and Drug Administration (FDA). Our objective was to conduct an assessment of clinical pharmacology–related PMRs and PMCs established at the time of approval and evaluate the impact of fulfilled PMRs and PMCs on prescription information (PI). This analysis included clinical pharmacology–related PMRs and PMCs established for NMEs approved between 2009 and 2020. Of the 1171 PMRs and PMCs, over one‐third were clinical pharmacology–related. Of these, 46% were to evaluate drug interactions, 16% were to evaluate drug dosing in patients with hepatic impairment, and 10% were related to dose. The majority (57%) of PMRs and PMCs were fulfilled at the time of analysis, with a median time to fulfillment of approximately 2.3 years. The majority (94%) of the fulfilled PMRs and PMCs, either with or without a PI revision, resulted in new or modified instructions for use or supported existing instructions for use. This is the first time that clinical pharmacology–related PMRs and PMCs have been catalogued and analyzed to understand their impact on PI. An understanding of the knowledge gaps that exist at the time of drug approval could inform the most effective and efficient methods for evidence generation prior to and after new drug approval. [ABSTRACT FROM AUTHOR]

Television content is now available whenever and wherever viewers want it through free-to-air commercial television, catch-up television, video-on-demand services whether subscription or free, and social media platforms such as Facebook and TikTok. Alcohol marketing is pervasive in television, with young people's exposure to such marketing being causally connected to harms such as early initiation to drinking and heavy drinking practices. The World Health Organization recommends that countries ban or place comprehensive restrictions on alcohol marketing. Australia has failed to heed this recommendation. This column reviews the regulation of alcohol marketing in Australia from the perspective of its capacity to protect young people from exposure to the marketing. Australia's regulation of alcohol marketing is weak, fragmented and outdated, with rules that favour the interests of the alcohol, media and sporting industries, and do not protect the public's health, particularly that of young people. [ABSTRACT FROM AUTHOR]

The World Health Organization recommends that member states enact policies to limit unhealthy food marketing to children. Chile enacted relatively stringent laws that restrict unhealthy food marketing to children in two phases, beginning in 2016. Dillman-Carpentier and colleagues examined the incremental effectiveness of the first and second phases of Chile's policy in limiting children's exposure to unhealthy food marketing on television relative to pre-policy. Banning advertisements for all 'high-in' products (i.e., those that exceeded thresholds for energy, saturated fats, sugars and/or sodium) during the daytime (phase 2) was more effective in reducing children's exposure to unhealthy food marketing on television than only banning 'high-in' marketing during programs with large child audiences (phase 1). These findings underscore the importance of implementing comprehensive policies that reduce children's exposure to all marketing for unhealthy foods—not simply that which targets them directly—to better protect them from its negative impacts. However, although policies in Chile and other nations have reduced children's exposure to unhealthy food marketing in broadcast media, it is not clear whether such policies have meaningfully reduced children's overall food marketing exposures. This is partly due to the challenges of studying children's digital food marketing exposures, which are an increasingly important source of unhealthy food marketing. To address these methodologic gaps, several research teams are developing artificial intelligence (AI)-enabled systems to assess food marketing to children on digital media and support efforts to monitor compliance with policies that restrict this marketing. These and other AI systems will be essential to comprehensively and systematically study and monitor food marketing to children on digital media internationally and at scale. [ABSTRACT FROM AUTHOR]

Objectives. To comprehensively catalog and review state e-cigarette delivery sales laws as well as capture their scope and dimensions. Methods. We conducted an in-depth review to determine whether states had at least 1 form of e-cigarette delivery sales law. We coded laws for 5 key policy domains: (1) delivery terminology used in laws, (2) age verification requirements, (3) packaging label requirements, (4) permit or registration requirements, and (5) fines and penalties for violations. Results. Overall, 34 states had e-cigarette delivery sales laws with varying scopes and dimensions. In 27 states, these laws required at least 1 form of age verification requirements. We identified mandatory packaging labels in 12 states, and 7 states where permits were required. There were considerable differences among states on the scale of fines and penalties for violations. Conclusions. Our findings reveal extensive heterogeneity in e-cigarette delivery sales laws among states, particularly regarding the scope and dimensions of these laws. Public Health Implications. The mapping of e-cigarette delivery sales policies showed several potential loopholes that may diminish their effectiveness. (Am J Public Health. 2023;113(5):568–576. https://doi.org/10.2105/AJPH.2023.307228) [ABSTRACT FROM AUTHOR]

This commentary about alcohol marketing regulation in the UK draws on a conference held by the Institute of Alcohol Studies, highlighting a need for policy interventions to prevent harm and improve public health. Hazardous and harmful alcohol use is associated with many health conditions, wider social consequences, and harms to others. Following no improvement in alcohol mortality rates in the past decade, 2020 saw alcohol-specific deaths rise to record levels in the UK. Bans or comprehensive restrictions on alcohol advertising across multiple types of media are listed by the World Health Organization (WHO) as one of the 'best buy' policies to reduce alcohol harm. The UK's current complaints-led self-regulatory approach fails to protect consumers and vulnerable groups from being exposed to influential alcohol marketing. There are few meaningful sanctions to deter brands and companies from violating existing codes, processes are retrospective, reactive and slow, and the codes fail in their stated aim of protecting young people. Other important impacts on heavier drinkers and those in recovery, as well as on gender and health equity, are also inadequately addressed. Innovation is also urgently needed to effectively regulate ever-evolving digital alcohol marketing. Addressing these issues through a combination of comprehensive restrictions, content controls, labelling, and replacing self-regulation with an independent body will benefit public health as well as protecting the vulnerable, including heavier drinkers, people in recovery, and children and young people. [ABSTRACT FROM AUTHOR]

Neoclassical economics is sometimes said to overlook the institutional character of markets, treating them as 'natural.' I address whether this criticism applies to Léon Walras. Walras's position is complex. Walras insists that market institutions are 'artificial' and that a purely naturalistic view of them reduces persons to mere things. However, he simultaneously characterizes market laws as natural. Specifically, he argues that exchange value is natural because it is determined by the natural property of scarcity. This argument is wanting: scarcity as defined by Walras is not exclusively natural, and, by Walras's own logic, only accounts for exchange value given the non-natural institution of the market. I suggest that Walras's attempts to give exchange value a natural foundation can be understood as a form of commodity fetishism. I further suggest two complementary explanations for this fetishism. First, Walras infers exchange value's naturalness from its autonomy with respect to individual agents in a competitive market. Second, he assumes that the use of the natural sciences as a formal model implies that the market has some natural cause. I additionally discuss his Baconian view of economics as an example of naturalistic reasoning. [ABSTRACT FROM AUTHOR]

In tbe United States, the line between financial fraud and legal business opportunity is blurry at best. Multilevel marketing companies have mastered the art of walking in the gray Cired while avoiding tbe majority of government regulators. In 2020, tbe direct sales industry experienced over $40 billion in sales and involved over 7 million Americans as distributors. Countless Americans fall victim to multilevel marketing frauds eacb year and the U.S. government bas done little to protect tbem from the industry's inherent manipulation. Tbe recent growth of the industry during the COVID-19 pandemic and tbe defeat of President Donald Trump has recaptwed the attention of the Federal Trade Commission (FTC). In October 2021, tbe FTC issued over 1,000 warning letters to multilevel marketing companies regarding their deceptive recruitment tactics and unsubstantiated health claims. The multilevel marketing industry bas not faced aggressive scrutinyftom the FTC since the 1970£ This Comment's goal is to address tbe gap in scholarship surro·unding the multilevel marketing industry's history and current legal standards, as well ds provide a foundation for others to build upon. This will be accomplished through a thorough review of the relevant history and legal decisions, followed by an application of tbe relevant standards to a modem-day multilevel marketing company. [ABSTRACT FROM AUTHOR]

This paper reviews approaches to include ESG matters into different levels of statutory provisions and technical norms. The discussion includes a comparison of how the European Union (EU) and Switzerland approach this task. In the EU, the 'Green Deal' represents a strong foundation for integrating ESG into financial markets laws since it represents an official strategy that aims to reorient capital flows towards sustainable investments to achieve sustainable and inclusive growth. We argue that such a strategic objective broadens the legal basis linked to investor protection to permit introducing more comprehensive rules that touch on all aspects of providing financial services, including product governance and organisational requirements. [ABSTRACT FROM AUTHOR]

The position of the Unidroit Principles of International Commercial Contracts (PICC) as a potential unifying influence and resource within the global competitive market for law is indelibly linked to the justifiability and desirability of the black letter rules embodied in the instrument. This article critically analyses the PICC's provisions on anticipatory non-performance using two common law-oriented normative paradigms: economic efficiency and relational norms. It argues that the PICC's remedial scheme for anticipatory non-performance satisfies the normative prescriptions of economic analysis of law in that the self-help measures available represent majoritarian default rules and facilitate early mitigation of loss, thereby maximizing the parties' net exchange surplus. Furthermore, the article contends that the PICC's remedial scheme is sensitive to the relational nature of commercial contracts such that it fosters the parties' commitment, communication, cooperation, and trust, which are vital values in developing and maintaining relational assets. [ABSTRACT FROM AUTHOR]