In the case *Abigail Alliance v. von Eschenbach*, the court addressed whether terminally ill patients have a constitutional right of access to experimental drugs. The court ultimately held that such a right is not 'deeply rooted in this Nation’s history and tradition.' What level of scrutiny did the court then apply to the FDA's restrictions?
Explanation
When a court determines that a claimed right is not 'fundamental,' it evaluates government restrictions on that right using the lenient rational basis test, which requires only that the restriction be rationally related to a legitimate state interest.
Other questions
What is the term for vague generalities and obvious exaggerations in advertising that are generally permissible because a reasonable consumer would not be misled by them?
According to the FTC’s “Guides Against Bait Advertising,” which of the following actions by a seller constitutes bait-and-switch advertising?
What is the name of the sanction that the FTC might impose, requiring a company to create new advertisements to correct misinformation from its previous ads?
Under the Telephone Consumer Protection Act (TCPA), what is the potential fine for each day a company violates the provisions against transmitting unsolicited ads via fax?
Which federal law, as amended in 1938, protects consumers against adulterated and misbranded foods and drugs and is enforced by the Food and Drug Administration (FDA)?
The Truth-in-Lending Act (TILA) is a disclosure law primarily administered by which body?
What is the liability limit for a credit cardholder for unauthorized charges made on their card before the creditor is notified of the loss, according to the TILA?
The Equal Credit Opportunity Act (ECOA) prohibits credit discrimination based on all of the following characteristics EXCEPT:
Under the Fair Credit Reporting Act (FCRA), what must a consumer be notified of when denied credit or insurance based on information in their credit report?
What is a key requirement of the Fair and Accurate Credit Transactions Act (FACT Act) of 2003 regarding credit-card receipts?
The Fair Debt Collection Practices Act (FDCPA) applies to which of the following entities?
Under the FDCPA, a collection agency must send a validation notice to a debtor within what time frame of the initial contact?
What is the maximum amount of additional damages, not including actual damages and attorneys' fees, that a debt collector may be liable for under the FDCPA?
Federal law provides protections against wage garnishment, limiting the amount that can be seized from a debtor's paycheck. What is the maximum percentage of a debtor's after-tax earnings that can be garnished?
Which of the following is NOT one of the three basic requirements for online advertisements according to FTC guidelines?
What is the primary purpose of the Consumer Product Safety Act of 1972?
Under the Postal Reorganization Act of 1970, what is a consumer's obligation regarding unsolicited merchandise received through the U.S. mail?
What is the name of the national list, established by a 2003 amendment to the Telemarketing Sales Rule, where consumers can place their phone numbers to prevent calls from telemarketers?
Regulation Z, which contains disclosure requirements for credit transactions, applies to installment sales contracts that call for payment to be made in more than four installments and to certain real estate loans if the amount of financing is less than what amount?
In the case of *Saunders v. Equifax Information Services, L.L.C.*, the jury awarded punitive damages to Mr. Saunders against the lender, BB & T. What was the most important factor the court considered when evaluating the reasonableness of the punitive damages award?
What is the primary function of the Federal Trade Commission (FTC), as established by the Federal Trade Commission Act of 1914?
What is the primary purpose of state 'cooling-off' laws related to door-to-door sales?
Under the FTC Mail or Telephone Order Merchandise Rule, what must merchants do when they cannot ship an order within the promised time?
The Consumer Leasing Act (CLA) of 1988 applies to consumer leases of goods priced at or below what amount, and with a lease term exceeding how many months?
Under the Fair Debt Collection Practices Act (FDCPA), which of the following actions by a debt collector is prohibited?
What does the Nutrition Labeling and Education Act of 1990 require on food product labels?
The Fair Credit Reporting Act (FCRA) allows consumer credit reporting agencies to issue credit reports for all of the following purposes EXCEPT:
What type of advertising involves a celebrity endorsement of a product they do not actually use?
Under the Telephone Consumer Protection Act (TCPA), a private individual can sue for a violation and may recover actual losses or a specific monetary amount per violation. What is that specific amount?
The Consumer Product Safety Commission (CPSC) has the authority to ban the importation of hazardous products. Which of the following product types has the CPSC banned?
If a consumer discovers inaccurate information in their credit file, what is the credit reporting agency's obligation under the FCRA?
What is the primary objective of the Truth-in-Lending Act (TILA)?
The Fair Packaging and Labeling Act requires that food product labels identify all of the following EXCEPT:
What is the term for the FTC's definition of an 'unfair' ad?
Which of the following is NOT an FTC action against deceptive advertising?
What is Regulation Z?
If a consumer is denied credit and requests information from the credit reporting agency, the agency must do all of the following EXCEPT:
Which law established a national fraud alert system for consumers who suspect they are victims of identity theft?
What does the Flammable Fabrics Act of 1953 regulate?
A consumer who suffers an injury that could not have been reasonably avoided due to an advertisement is a victim of what type of advertising, according to the FTC?
In the case *Verity International, Ltd.*, which involved a billing system for adult entertainment, the court considered whether the system's 'representation of uncontestability' was deceptive. Why did the court find the representation was likely to mislead consumers?
Which law prohibits telephone solicitation using an automatic telephone dialing system or a prerecorded voice?
What is the maximum penalty that can be added to actual damages for a debt collector's violation of the FDCPA?
The Consumer Product Safety Commission (CPSC) has the authority to take what action regarding products that pose an 'unreasonable risk' to consumers?
In the *Abigail Alliance* case, the court determined that the FDA's policy of limiting access to investigational drugs was rationally related to what legitimate state interest?
What is the primary function of a validation notice under the FDCPA?
How long must a consumer wait after receiving a letter from a manufacturer about a product recall before they can file a lawsuit?
In the context of the Fair Credit Reporting Act, what is the significance of the Supreme Court's decision in *Safeco Insurance Co. of America v. Burr*?
Which federal act gives the Consumer Product Safety Commission (CPSC) the authority to administer other product-safety legislation, such as the Child Protection and Toy Safety Act?