Dunkin Donuts Franchise Discussion

Please review key terms and answer questions 3 and 5 at the end ofchapter 5 and questions 7 and 12 at the end of chapter 6 of the eText.
Please cite to specific eText pages where you found support for your
answers.
CHAPTER 5 QUESTIONS:
3. David Ungar holds a Dunkin’ Donuts franchise. The terms of his
franchise agreement require him to use only those ingredients
furnished by Dunkin’
Donuts. He is also required to buy its napkins, cups, and so on, with the
Dunkin’ Donuts trademark on them. Is this an illegal tying
arrangement? What if Dunkin’ Donuts maintains that it needs these
requirements to maintain its quality levels on a nationwide basis?
[Ungar v. Dunkin’ Donuts of America, Inc., 429 U.S. 823]
5. Hines Cosmetic Co. sold beauty preparations na-tionally to beauty
shops at a standard or fixed-price schedule. Some of the shops were
also supplied with a free demonstrator and free advertising materials.
The shops that were not supplied with them claimed that giving the
free services and materials consti-tuted unlawful price discrimination.
Hines replied that there was no price discrimination because it charged
everyone the same. What it was giving free was merely a promotional
campaign that was not intended to discriminate against those who
were not given anything free. Was Hines guilty of unlawful price
discrimination? Explain.
CHAPTER 6 QUESTIONS:
7. What is the Federal Register? What role does it play in rulemaking?
What is the difference between the Federal Register and the Code of
Federal Regulations?
12. The Michigan Freedom of Information Act declares that it is the
state’s policy to give all persons full information about the actions of
the government and that “the people shall be informed so that they
may participate in the democratic process.” The union of clerical
workers at Michigan State Univer-sity requested the trustees of the
university to give them the names and addresses of persons making
monetary donations to the university. Michigan State objected because
the disclosure of address-es was a violation of the right of privacy.
Decide. [Clerical-Technical Union ofMichigan State University v. Board
of Trustees ofMichigan State University, 475 N.W.2d 373 (Mich.)]
Week Three Discussion: Smoking May Be
Harmful to Your Health
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Under the law, the following nine textual statements were
to be included on cigarette labels:
WARNING: Cigarettes are addictive.
WARNING: Tobacco smoke can harm your children.
WARNING: Cigarettes cause fatal lung disease.
WARNING: Cigarettes cause cancer.
WARNING: Cigarettes cause strokes and heart disease.
WARNING: Smoking during pregnancy can harm your
baby.
WARNING: Smoking can kill you.
WARNING: Tobacco smoke causes fatal lung diseases in
nonsmokers.
WARNING: Quitting smoking now greatly reduces serious
risks to your health.
The act required that these warnings and graphic labels
take up 50 percent of the cigarette package label and 20
percent of all cigarette ads.
After publishing the proposed rule and receiving more than
1,700 comments, the FDA published its final rule in June
2011. Explain how the tobacco companies could challenge
the rules.
(1) Discuss whether the rules will be set aside and why.
(2) In answering the question, please define what is an
administrative agency and the purpose administrative
agencies serves
(3) Please specifically mention what the FDA regulates.
You must post an original comment of 250 words with
citation to sources used, such as eText page
references and/or credible websites)
Links:
http://www.cnn.com/2012/08/24/justice/tobacco-warninglabel-law
https://www.pennlawreview.com/notes/index.php?id=11
http://www.huffingtonpost.com/2011/08/16/cigarettewarning-labels-sue-government_n_928900.html
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or transmitted without publisher’s prior permission. Violators will be prosecuted.
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or transmitted without publisher’s prior permission. Violators will be prosecuted.
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or transmitted without publisher’s prior permission. Violators will be prosecuted.
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or transmitted without publisher’s prior permission. Violators will be prosecuted.
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