The Regulation of Food Advertising: a Striptease in Instalments.
by Francisco Ojuelos and Julio Basulto . Translation by Ricardo Mena.
(Original text in Spanish: the links lead usually to pages in Spanish)
I. Introduction
A misspelling is still such no matter how many people keep incurring in it. In the same way, an illegality remains one no matter how many people incur in it without even receiving a miserable fine. It remains an illegality just the same. We say this to illustrate how the consented practice in time can generate an inexact perception on the legality of some behaviours. And here we are not talking about private actors only; we are also talking about the very same Administration, that has been materialising behaviours for years and years, only to see how these behaviours have been declared illegal afterwards by the Courts of Justice, both national and international. (There are many examples: does it sound familiar to you the abusive character of mortgage clauses, for example, consented for years both by public and private actors?)