@article{Avsec:183781,
      recid = {183781},
      author = {Avsec, Franci},
      title = {Legal Problems of the Generic Advertising in Agriculture},
      address = {2005},
      number = {1341-2016-104135},
      pages = {15},
      year = {2005},
      abstract = {Generic promotion, financed by mandatory assessments from  producers, is often an
instrument used by the agricultural  policy in order to further the demand and to broaden
the  market of agricultural products. The generic promotion  generates also some legal
problems. The first among them is  the relation between mandatory assessments and  the
constitutionally warranted freedom of the speech. The  most numerous judgments about
this issue are found in USA,  where the courts have developed various criteria within  the
theory of »commercial speech« and the theory of  »government's speech«. In the
European Community (European  Union), the Commission as well as the Court of Justice
have  dealt with the question under what conditions the mandatory  assessments for
promotion of agricultural products should  be qualified as measures, which have equivalent
effect as  prohibited quantitative restrictions in free movements of  goods between Member
States, as well as with the problem of  products double charged with mandatory
assessments for  generic promotion, firstly in the Member State of origin,  and secondly, in
the Member State of destination.},
      url = {http://ageconsearch.umn.edu/record/183781},
      doi = {https://doi.org/10.22004/ag.econ.183781},
}