Bye-bye, Tony?

The Nanny State suffered a well-deserved setback this week when the Federal Trade Commission announced it has decided not to meddle in how the food industry presents and advertises its products.

It’s a small victory in the battle against a constantly overreaching beltway bureaucracy.

Originally, the FTC, in conjunction with the Department of Agriculture and the Centers for Disease Control and Prevention, had planned to impose "voluntary" guidelines on the food industry under the guise of fighting childhood obesity. The guidelines called for restrictions on advertising; fat, sugar and sodium content; packaging; and store displays.

Bye-bye, Tony the Tiger and Toucan Sam. As for Ronald McDonald? On the endangered list. "This appears to be a first step toward Uncle Sam planning our family meals," said Rep. Fred Upton, the Michigan Republican who chairs the House Energy and Commerce Committee.

While all this was no doubt well-intentioned, there were several obvious problems, here — particularly because the United States is still considered a free society.

First, "voluntary" government guidelines have a way of evolving into mandatory restrictions — and those who ignore the "voluntary" rules tend to be high on the target list of the regulators.

Second, surely the bright lights at the FTC understand the First Amendment problems with the government dictating how General Mills and Kellogg’s can advertise or package their products.

On Wednesday, an FTC official announced that the government is "in the midst of making significant revisions" to the proposal, revisions which recognize that some marketing efforts "are inextricably linked to the food’s brand identity."

Great. That’s a step forward. But instead of just tinkering with the guidelines, it would be far preferable if they were to meet any manner of brutal death, never to rise again.

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