it pays to advertise: junk food marketing to kids

7/30/2019 It Pays to Advertise: Junk Food Marketing to Kids

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Junk Food Marketing to Childre


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Food & Water Watch works to ensure the ood, waterand fsh we consume is sae, accessible and sustainable

So we can all enjoy and trust in what we eat and drink,

we help people take charge o where their ood comes

rom, keep clean, aordable, public tap water owing

reely to our homes, protect the environmental quality

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Copyright November 2012 by Food & Water Watch.

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at www.oodandwaterwatch.org.

About Food & Water Watch


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Execuive Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Inroducion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Childhood Obesiy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Youh Exposure o Food and Beverage Adverising . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Adverising Conen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Television Advertising. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Online Advertising. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Impac o Adverising on Childrens Dies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Do Children and Adolescents Understand Food Advertisings Intent?. . . . . . . . . 10

Regulaion o Food Markeing o Youh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Federal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Local and State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Indusry Sel-Regulaion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Childrens Food and Beverage Advertising Initiative. . . . . . . . . . . . . . . . . . . . . . . 13

Evaluating the Childrens Food and Beverage Advertising Initiative . . . . . . . . . . 14

Improving Industry Self-Regulation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Inernaional Regulaion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Recommendaions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Endnoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Junk Food Marketing to Children


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2 Food & Water Watch tXXXGPPEBOEXBUFSXBUDIPSH

Executive Summary

Food markeing is pervasive in he lives o children and

adolescens. Food and beverage companies spen $1.6

billion in 2006 o reach his imporan marke.1 On elevi-

sion, online and even in schools, youh are regularlyexposed o messages encouraging hem o ea unhealhy

oods, a a ime when hey need o esablish healhy eaing

habis. One in hree American children and adolescens

is overweigh or obese, condiions ha conribue o poor

healh over heir whole lieimes.2 Resricing unhealhy

ood markeing o youh is one imporan sep in

addressing his crisis.

Television adverisemens aimed a children predomi-

naely eaure unhealhy oods, ofen served in unhealhy

setings. A die composed o oods markeed o children

on elevision would consis mainly o cereal, as ood and

snacks eaen ouside o normal mealimes in large serv-

ings. Ouside o elevision, he Inerne oers ood compa-

nies he chance o engage youh in games and aciviies

ocused on heir brands. Online adverising provides

companies wih a much cheaper mehod or youh o

spend longer periods o ime exposed o adverising or he

same unhealhy producs seen on elevision.3

Food adverising on elevision impacs childrens preer-

ences or paricular caegories and brands o ood,4

increases heir requess o parens or he adverised oods

and leads o increased consumpion o unhealhy oods. 6 In

one sudy, children ae more snacks while waching showswih ood adverisemens, wheher or no hey repored

eeling hungry.7

Research on media lieracy indicaes ha i akes repeaed

menal eor o resis adverisemens or emping

oods. Because youh are exposed o so many markeing

messages and because even older children need promping

o hink criically abou adverisemens, i is hard o argue

ha youh can consisenly igh o hese messages on

heir own.8

The Federal Trade Commission (FTC) considered rule-making in he lae 1970s o limi markeing sugary oods

o children, bu Congress pu a sop o i. In response

o renewed atenion o childhood obesiy, several ood

companies have chosen o sel-regulae under he Chil-

drens Food and Beverage Adverising Iniiaive (CFBAI),

bu acual reducions in unhealhy oods markeed o

youh have been quie limied.


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It Pays to Advertiset+VOL'PPE.BSLFUJOHUP$IJMESFO 3

The ederal governmen in 2011 issued preliminary, volun-

ary Principles o recommend a consisen nuriion san-

dard or indusry sel-regulaion. The ood indusry heavily

criicized he Principles as oo sric and burdensome,

even hough, i enaced, hey would have been enirely

volunary. Some o he very companies paricipaing in he

sel-regulaory eors lobbied o weaken he Principles,9

and ulimaely Congress blocked he proposal, leaving no

signiican ederal regulaion or even guidance on oodmarkeing o children.10

The public healh challenge o increasing childhood obesiy

mus be addressed. Improving he nuriional environmen

or youh will require many policy changes. Is ime o ask

he quesion: Is i appropriae o adverise unhealhy oods

o children and adolescens? While he FTCs proposed

volunary Principles oered a srong se o guidelines, his

volunary proposal should no be he exen o he debae.

Broader resricions are necessary o proec youh rom

he inluence o ood and beverage markeing.

Speciically, Food & Waer Wach recommends ha:

The FTC should be able o regulae any unair or

decepive markeing, bu Congress has limied he

FTCs auhoriy o resric markeing o youh.

Congress should provide he FTC wih he ull

auhoriy o regulae ood and beverage markeing.

Congress should also give he FTC he auhoriy o

creae mandaory nuriion sandards or ood and

beverages markeed o youh.

The FTC should coninue is monioring o indusry

spending and sel-regulaory eors in ood markeing

o youh.

Food and beverage companies should reduce adver-

ising o unhealhy oods and beverages o children

and reormulae producs o make hem healhier.

The U.S. Deparmen o Agriculure should issue

srong nuriion sandards or compeiive oods sold in

schools as sipulaed in he Healhy, Hunger-Free Kids

Ac o 2010.


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Introduction

Food markeing is pervasive in he lives o children and

adolescens.a On elevision, online and even in schools,

youh are regularly exposed o messages encouraging hem

o ea unhealhy oods. These oods are ull o sal, sugar

and a, a riumvirae o addiives ha rigger he brains

pleasure ceners and encourage eaing more.11 Children andadolescens are quie vulnerable o markeing o unhealhy

oods a a ime when i is imporan o be developing

healhy eaing habis. The physical damage o a poor die

in youh can aec healh over a lieime.

Food and beverage companies in he Unied Saes spen

$1.6 billion in 2006 on markeing o youh12 o capure he

more han $100 billion in ood purchases (including hal o

all cereal purchases) ha children inluence every year.13

Adolescens hemselves wield an annual purchasing power

o $80 billion.14 Beween 1994 and 2004, ood companies

inroduced more new ood producs aimed a youh han

hose argeing he general populaion.15 Parens and

healh providers have a hard ime compeing wih hese

pervasive, persisen messages. I is hard o imagine a

public healh campaign o promoe healhy eaing wih

anyhing close o he resources he ood indusry possesses

o adverise is producs.16

Currenly, he U.S. governmen does no have any nuriion

sandards or he oods markeed o children, alhough a

volunary sandard was proposed and rejeced, nor does

he governmen resric ood markeing direced a youh.Wih increased public atenion ocused on obesiy among

youh, he ood indusry has begun some sel-regulaion,

wih companies volunarily pledging o limi adverising

o he unhealhies oods o children under 12. The bulk o

oods adverised o youh sill ail o mee he sandards o

a healhy die. I is ime or he governmen o sep in and

limi ood markeing o youh.

Childhood Obesity

In he las 30 years, he percenage o overweigh and

obese children in he Unied Saes has ripled.17 One in

hree American youh is overweigh or obese.18 Nearly 17

percen o children and adolescens aged 2 o 19 years

more han 9 million American youh19 are obese. Obesiy

is lower among children aged 2 o 5, a 10 percen, andcloser o 20 percen or youh aged 6 o 19.20 Trends in

childhood overweigh are similar, wih nearly 14 percen

o children aged 2 o 5, 19 percen o children aged 6 o 11,

and 17 percen o adolescens acing overweigh.21

Childhood obesiy sresses childrens bodies, causing

derimenal eecs in he shor and long erm. Obese

youh ace a higher likelihood o high blood pressure, high

choleserol, ype 2 diabees, breahing problems (such as

sleep apnea), join aches and digesive problems (such as

gallsones and relux). The prevalence o ype 2 diabees,

ormerly known as adul-onse, has doubled among

youh in he las 10 years.22

In addiion o hese physical problems, obese youh

can experience social discriminaion and psychological

disress. All o hese healh problems pose a huge burden

or children and adolescens, direcing energy away rom

he normal asks o learning and growing up. Overweigh

and obese children are likely o coninue o ace signiican

healh problems as aduls, including obesiy, hear disease,

diabees and some ypes o cancer.23

Ofen people wih hese condiions are blamed or having

poor sel-conrol or overeaing. In he case o children, i

is ofen he parens who are blamed.24 Ye he dramaic

increases in childhood obesiy and overweigh poin o

causes ha occur across he populaion, as opposed o

individual ailures.25 One imporan acor, as noed by

he Ceners or Disease Conrol (CDC) and ohers, is he

markeing o less-healhy oods o youh.26

a For the purposes of this report, child refers to ages 2 to 11, adolescent to ages 12 to 17 and youth to ages 2 to 17.


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Food markeing compounds oher acors ha conribue

o childhood obesiy and overweigh.27 Foods high in sugar,

sal and a rigger pleasurable responses in he brain

ha make people wan o ea more o hem.28 Since 1970,

overall caloric inake among Americans has increased by

16 percen, or more han 500 calories per day. 29 Youh ages

2 o 18 drink more han wice as much soda and one-

hird less milk han hey did in he lae 1970s.30 A recen

U.S. Deparmen o Agriculure (USDA) repor ound anassociaion beween ood prices and childrens body mass

index (BMI), a measure o overweigh, such ha childrens

BMI increased when less-healhy oods were cheaper and

decreased when healhy oods were cheaper.31

Low-income consumers in paricular lack access o healhy

oods. Several sudies o low-income peoples purchasing

habis show an associaion beween lack o access o

supermarkes and ewer purchases o healhy oods.32

Lower soda prices are associaed wih higher BMI in

children, especially i heir household makes less han 200percen o he ederal povery line.33

Foureen percen o low-income preschoolers are obese,

compared o he naional average o 10 percen. 34 And all

Americans are eaing more meals ouside he home, ofen

a as ood resaurans, which leads o higher caloric

inake in children.35

Obesiy and is relaed illnesses require muliple seps o

address, including beter nuriional lieracy, increased

access o healhy oods and increases in physical aciviy.

One logical irs sep is o sop promoing unhealhyoods o children and adolescens. Widespread markeing

campaigns leave millions o amilies wih a harder igh o

esablish healhy eaing habis in heir children.

Youth Exposure to Food

and Beverage Advertising

Todays youh spend many hours day and nigh in ron

o screens. The Naional Academies o Science repor ha

nearly every American child has a elevision in he house-

hold, and many children do no have resricions on how

much elevision hey are allowed o wach.36

According o a repor by he Kaiser Foundaion, young

peoples ineracion wih media is signiican and

increasing. The repor deines media broadly, including

ime spen waching elevision, using any kind o media via

cell phone, using he compuer and playing video games.

Uniquely, i measures muli-asking, recognizing ha

young people migh lisen o music rom heir phone while

suring he Inerne, or insance. In 2004, young people

ages 8 o 18 spen nearly 6.5 hours consuming 8.5 hours

o media conen a day, when including muli-asking.

By 2009, ha number had increased o 7.5 hours spen

consuming nearly 11 hours o conen.37

Tweny percen o media consumpion occurs on mobile

devices. On average, an hour and a hal o ime is spen

on he compuer or leisure. Eighy-our percen o 8 o 18year-olds have Inerne access a home; 33 percen have

Inerne access in heir bedrooms.38 Media use spikes

during he ween years o ages 11 o 14. Tweens consume

nearly 12 hours o media conen daily in jus under nine

hours, including ive hours o elevision and movie conen

and an hour and a hal o video games.39

Mos research on childrens exposure o markeing

analyzes elevision. The Federal Trade Commission (FTC)

compared childrens exposure o elevision adverising in

1977 and 2004. This rame o reerence is useul as he

signiican increases in childhood overweigh and obesiyare ofen daed rom he lae 1970s and early 1980s. The

FTC esimaes ha children under he age o 12 viewed

25,600 elevision adverisemens in 2004. Jus over 5,500 o

hose adverisemens were or ood, a 9 percen decrease

compared o he number o ood adverisemens in 1977.

This igure amouns o 15 ood adverisemens per day

and 38 hours o ood adverising per year.40 Cereals and

dessers were he mos common caegories o ood adver-

ised, ollowed by resauran and as ood and sweeened

drinks.41 In neiher 2004 nor 1977 did he array o oods

adverised o children in any way represen a balanced

die.42


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A 2010 sudy by he Rudd Cener or Food Policy and

Obesiy made similar indings abou youh exposure o

ood and beverage adverisemens on elevision. The sudy

ound ha children viewed an average o 13.4 elevision

ood adverisemens daily, and adolescens viewed an

average o 16.2, amouning o nearly 5,000 elevision ood

adverisemens or children annually and nearly 6,000

or adolescens. Fas ood adverisemens were he mos

commonly viewed, wih cereals, candy and non-as-oodresaurans among he oher op caegories.43

According o he FTC sudy, mos childrens elevision

adverising exposure occurred in he afernoons (26

percen) and evenings (29 percen), ar more han Saurday

mornings (4 percen), he sereoypical domain o young

childrens caroon shows.44 Children see he vas majoriy

o ood adverisemens on cable raher han broadcas

neworks.45 Hal o childrens elevision ood adverising

exposure comes rom childrens shows, in which children

are a leas 50 percen o he audience.46

Mos indusrysel-regulaory eors ocus only on childrens program-

ming, leaving aside he issue ha he oher hal o chil-

drens ood adverising exposure comes rom non-childrens

programming.47

When daa is no available on childrens acual exposure

o media, i is helpul o examine indusry expendiures on

dieren caegories o media. The FTC released a repor

o Congress, Marketing Food to Children and Adolescents:

A Review of Industry Expenditures, Activities, and Self-

Regulation, in 2008. Wih congressional backing, he FTC

required companies o submi daa abou heir adverising

pracices and spending. Food and beverage companies

repored o he FTC ha hey spen $1.6 billion markeing

ood o children in 2006.48 Nearly $750 million, or 46

percen, was spen on elevision adverising, wih hal

o ha spen on adverising direced o children younger

han 12.

New media, including websies, e-mail, ex messaging

and viral markeing, consiued only 5 percen o oal

spending in 2006, alhough ha money goes much urher

because hose orms o adverising are cheaper han elevi-

sion adverisemens. Two-hirds o companies repored

using some orm o online markeing. Approximaely

wo-hirds o oal spending ocused on hree caegories o

oods: soda, resauran and as ood, and cereal. Nearly

all o he markeing money or soda was aimed a adoles-cens, wih 24 percen o i spen on in-school markeing.

Companies spen $360 million on oys included in chil-

drens meals. Including oys, cross-promoions and TV

adverising, resauran companies spen jus over hal-a-

billion dollars markeing heir producs, wice he spending

o any oher ood caegory.49

Advertising Content

Television Advertising

Television adverisemens aimed a children predominanlyeaure unhealhy oods, ofen served in unhealhy setings.

A die composed o oods markeed o children on elevision

would consis mainly o cereal, as ood and snacks eaen

ouside o normal mealimes in large servings. For insance,

according o he FTC, 85 percen o cereal adverisemens

direced a children in 2004 were or highly sugared cereals. 5

These adverisemens use emoional appeals o porray

heir brands as un or cool. Adverisemens less requenly

address ase, qualiy or nuriion acual characerisics

o he ood isel. I almos goes wihou saying ha headverisemens do no address any negaive oucomes o

unhealhy eaing; i is assumed ha any one ood adverised

will be consumed in moderaion. The oaliy o adverising

exposure, however, represens nohing moderae a all.51

A 2005 sudy o commercials shown during Saurday

mornings ound ha hal o all he adverisemens were or

ood. The mos common ood adverised was cereal and

cereal bars (27 percen o ood adverisemens), ollowed by

resaurans and snack oods a nearly 20 percen each o

adverisemens. When evaluaed agains he U.S. Dieary

Guidelines, 91 percen o he oods adverised ailed in aleas one measure o nuriional qualiy, including high levels

o a, sodium or added sugars, or low levels o nuriens.52

Nearly 60 percen o he ood adverisemens porrayed

oods high in sugar.

While 78 percen o he oods adverised me basic guide-

lines or viamin and mineral conen, his was ypically

due o oriicaion. Only 7 percen o he adverisemens

porrayed oods wih a leas hal a serving o ruis or


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vegeables. Mos o he adverisemens (86 percen) used

emoional appeals o marke heir producs. Nearly hree-

quarers o he adverisemens included movie, caroon,

animaed, or cosumed characers, and a quarer included

menion o a giveaway wih purchase o he produc.53

Anoher 2005 sudy reviewed elevision adverisemens

aimed a children during programming hroughou he

week. As wih he previous sudy, he vas majoriy o oodsadverised (83 percen) were convenience oods and swees.

The oods ended o be high in a and sodium and low in

iber and some viamins and minerals. I was more common

o see oods depiced as snacks han as par o any oher

meal, and all he kids in he commercials were porrayed a

a healhy body weigh no mater wha hey were eaing.54

Mos adverisemens o children porray he oods as un,

an eecive appeal given childrens early developmenal

needs.55 An analysis o nearly 150 commercials shown in

childrens programming ound ha 85 percen associaed he

ood wih un or happiness, and nearly 60 percen associ-aed he ood wih play.56 Only 8 percen o adverisemens

represened he oods as healhy, wih nearly 20 percen o

cereal adverisemens using healh claims, and no as ood

resaurans doing so.57 Fas ood commercials ofen appeal

o peer accepance, an appeal also eecive or adolescens.58

Online Advertising

Whereas children passively wach elevision, he Inerne

oers ood companies he chance o engage children in

games and aciviies ocused on heir brands. Online

adverising provides companies wih a much cheaper

mehod or children and adolescens o spend longer

periods o ime exposed o adverising or he same

unhealhy producs seen on elevision.59

One common orm o online markeing is he advergame,

a video game based enirely on he ood brand ha blurs

he line beween program conen and adverising.60 The

games are ofen he same kind o simple, addicive game

you migh ind on your compuer or smarphone, bu

based around he brand wih a piece o cereal as he game

piece, or insance. Television commercials las on average30 seconds, so a game ha capures a childs atenion

or a ew minues o hal an hour represens a subsanial

period o brand exposure.61

Children use he Inerne rom a young age, mos

commonly o play games.62 Food companies websies

atrac hundreds o housands o children. Two o McDon-

alds major sies, HappyMeal.com and McWorld.com,

received 350,000 visiors under he age o 12 in February

2011.63 Two popular cereal websies, FrooLoops.com and

AppleJacks.com, received 216,000 and 175,000 unique visi-

ors under he age o 17 each monh in 2011.64

Sudies have ound ha he oods promoed on ood

company websies and advergames are primarily

unhealhy. In a sudy o 28 childrens websies, 49 o he 77

adverised ood producs me Insiue o Medicine (IOM)sandards o oods o avoid, while only ive me he san-

dards or oods o encourage.65 Anoher sudy o 130 major

ood and beverage websies ound ha nearly hal had

designaed childrens sies, 85 percen o which included

advergaming. The vas majoriy (87 percen) o oods and

beverages markeed in hose childrens sies were o low

nuriional qualiy.66

Only 15 percen o he 130 major websies sudied included

a parenal permission saemen, and 35 percen included

an ad break warning message, indicaing ha he sieswere adverising. Ad break warnings are considered good

pracice, as children canno always disinguish beween

programming and adverising conen.67 A sudy o ood

indusry websies adverised on he Caroon Nework and

Nickelodeon ound ha nearly all oods adverised were

high in sugar and a, wih resauran oods and ready-

o-ea oods comprising 42 percen and 32 percen o he

oods adverised.68 Jus over 80 percen o he websies

used advergaming o promoe heir producs.69


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Impact of Advertising

on Childrens Diets

The ubiquiy o unhealhy ood adverising in childrens

lives is undeniable. The ood indusry claims ha adver-

ising aecs only childrens brand preerences, bu

scieniic evidence indicaes ha adverising inluences

childrens eaing preerences and habis more broadly.70

Childrens exposure o healhy oods in heir early years

helps se he sage or healhy eaing, and parens play

a criical role in modeling and enorcing good habis a

home.71 Ye our brains are wired o preer oods high in

sugar, a and sal72 he very oods ypically markeed

o children and childrens peers and he media gain

increasing inluence on eaing habis in he ween and

eenage years. Some argue ha elevision viewing hurs

children because he aciviy is sedenary as opposed o

playul and acive, and cerainly higher elevision viewing

is associaed wih higher weigh.73 Bu sudies also indicae

ha i is he ood adverisemens hemselves ha nega-

ively impac childrens dieary preerences and consump-

ion, conribuing o he public healh crisis o childhood

obesiy.b

Viewing large amouns o elevision during childhood has

been associaed in muliple sudies wih unhealhy dieary

habis and high body mass indexes laer in lie.74 Alhough

many acors aec childrens dies and ood preer-

ences, several sudies have ound ha ood adverising

has a speciic eec separae rom hose acors.75 Foodadverising on elevision impacs childrens preerences or

paricular caegories and brands o ood76 and increases

heir requess o parens or he adverised oods.77 Addi-

ionally, ood adverising leads o increased consumpion

o unhealhy oods,78 including bu no limied o he oods

adverised.79

Two governmen repors urher deail he impac o ood

adverising on children. In 2006, he IOM released Food

Marketing to Children and Youth: Threat or Opportunity?,

which included a review o 123 scieniic sudies o ood

adverisings role in childrens lives. 80 The repor divided

is evidence base ino wo caegories: children (ages 2 o

11) and adolescens (ages 12 o 18). In he case o children,

srong evidence exiss ha elevision adverising impacs

childrens ood and beverage preerences, purchases,requess o heir parens and caregivers, and shor-erm

consumpion habis. Overall, he IOM repors, i can be

concluded ha elevision adverising inluences children o

preer and reques high-calorie and low-nurien oods and

beverages.81

There is moderae evidence ha adverising aecs he

usual, day-o-day eaing habis o 25 year-olds, and weak

evidence ha his is so or 611 year-olds.82 Wih adoles-

cens, he siuaion is less clear, in par because here is

less research on he opic. The IOM concluded ha hereis insuicien evidence o conclude ha ood adverising

impacs he ood and beverage preerences and purchase

requess o adolescens, alhough he research ha does

exis suggess ha here is an impac.83

For boh children and adolescens, here is a srong asso-

ciaion beween exposure o elevision adverising and

obesiy. Ye he available research does no suicienly rule

ou miigaing acors o deermine i exposure o elevi-

sion adverising causes childhood obesiy.84 High exposure

o elevision adverising correlaes wih high levels o

waching elevision, or insance, and quesions such as

how much elevision impacs exercise and snacking mus

be addressed more horoughly.85 The IOM noes ha even

i elevision adverising plays a small conribuing role

oward obesiy, reducing ha paricular impac across he

populaion would be signiican. 86

In he FTC repor, Marketing Food to Children and Adoles-

cents: A Review of Industry Expenditures, Activities, and Self-

Regulation, companies shared heir research abou wha

makes adverising work wih children. Speciically, children

like commercials ha ell a un, exciing sory and link owebsies wih games and prizes. Children like animaed

characers, wheher rom a popular TV show or movie

or associaed wih he brand isel. Whereas appealing

o children involves un, adolescens are more likely o

respond o appeals ha he ood ases good. Boh children

and adolescens respond o prizes and sweepsakes. Wha

b d -


11/23


doesn work? Commercials ha claim ha he produc is

nuriious are less eecive because children and adoles-

cens hen conclude ha he ood mus no ase good.87

In an experimen o examine ood adverisemens and

snacking, researchers ound ha children ae nearly 50

percen more ood when waching a show wih ood adver-

isemens as opposed o a show wih non-ood adverise-

mens. The snacks made available were no even relaed o

hose in he adverisemens, and he children ae he snacks

wheher or no hey repored eeling hungry.88 Children

consumed, on average, jus under 100 calories during he

30-minue show. I children snacked ha much exra every

day, hey would gain 10 exra pounds over he course o

a year.89 The sudy suggess ha simply waching ood

adverising has a broader impac in encouraging immediae

eaing, no only in creaing desire or he paricular brand.

In-School MarketingSchools present a special case in the world

of food marketing to youth. Unlike televi-

sion programs and websites, the audience

share of youth is very clear at schools. Food

and beverage marketing at schools comes in

a variety of forms: vending machines, free

educational materials, extracurricular sponsor-

ships and fundraisers, among others.180

In theheight of irony, McDonalds, Coca-Cola and

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programs,181 promoting the message that exer-

cise is the solution to diet-related illnesses.

Schools rely on corporate partnerships as a source of funds and free materials.182 Schools earn money from vending

machine contracts based on the amount of products that students purchase.183 If the vending machines are full of

VRGDDQGMXQNIRRGDVLVW\SLFDOWKHVFKRROVVKRUWWHUPQDQFLDOEHQHWVDUHSLWWHGDJDLQVWWKHORQJWHUPKHDOWK

impacts to the students from consuming extra junk food at school. Additionally, the presence of junk food sales and

advertising in schools directly contradicts any classroom nutrition lessons.

In 2006, the William J. Clinton Foundation and the American Heart Association partnered with several food and

beverage companies to create a new industry self-regulatory initiative, the Alliance for a Healthier Generation. The

project focuses on competitive foods, any food sold in a school outside of the federal school meal programs.184

Among other projects, the Alliance has worked with the Coca-Cola Company, Dr Pepper Snapple Group, PepsiCo and

the American Beverage Association to improve the nutritional quality of beverages sold in schools.185 According to its

progress report, the Alliance has achieved an 88 percent decrease in calories shipped to schools in the form of bever-

DJHVEHWZHHQDQG7KHUHGXFWLRQZDVDFKLHYHGWKURXJKDFRPELQDWLRQRIFKDQJLQJSURGXFWRHULQJVDQG

reducing portion sizes.186

7KH$OOLDQFHVDFKLHYHPHQWVLQLPSURYLQJWKHTXDOLW\RIEHYHUDJHVVROGDUHVLJQLFDQWEXWWKHUHLVVWLOOPXFKIXUWKHU

to go. According to the CDC, 65 percent of middle and high schools sell sweetened drinks, 51 percent sell less-healthy

foods and 49 percent allow advertising of less-healthy foods.187 Over 60 percent of elementary school students attend

schools where beverages are sold on campus, but only 16 percent attend schools in which the only competitive bever-

ages, those sold outside of the school meal program, are water, 100-percent juice or low-fat milk.188

)RUWKHUVWWLPH&RQJUHVVKDVSDVVHGOHJLVODWLRQWRDGGUHVVWKHQXWULWLRQDOTXDOLW\RIFRPSHWLWLYHIRRGV7KH86'$already determines nutrition standards for federal school meals, and the most recent school meal reauthorization,

the Healthy, Hunger-Free Kids Act, provided the USDA with the additional authority to set nutrition standards for any

foods sold in schools at any time during the school day.189 It does not address advertising and promotions, but does

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youth, in the limited context of competitive foods sold in schools. It is an important step toward improving the food

environment in schools.


12/23


In an eor o disinguish beween he eecs o viewing

elevision and viewing elevision adverisemens specii-

cally, one sudy analyzed obesiy among children who

wached commercial elevision versus elevision wihou

adverisemens, such as DVDs or cerain educaional

programming. The sudy also accouned or inluences

ha migh have inerered wih he sudy, such as parenal

educaion level, which allowed he sudy o evaluae causa-

ion. Commercial viewing was a signiican predicor ochildhood obesiy. Viewing elevision wihou commercials

was no. The relaionship beween commercial viewing and

obesiy was sronger or children under he age o seven.90

Do Children and Adolescents

Understand Food Advertisings Intent?

Adverising aecs children and adolescens hrough

dieren menal processes. Children have lower media

lieracy and are hereore inluenced by simpler argu-

mens. Research suggess ha adolescens are more likely

o undersand ha adverisemens are rying o sell hem

somehing and so require more complex argumens o be

convinced.91

Young children ofen ruly canno ell wha is a commercial

and wha is no, bu he adverisemens do inluence hem.

Children as young as wo can recognize brand logos92;

preschoolers have shown preerences or oods placed

in McDonalds packaging, even i he oods are no he

producs ha McDonalds sells.93 According o he IOM,

children aged our and under canno disinguish beween

elevision programs and commercials, and children underhe age o eigh do no undersand ha adverising is

designed o persuade hem.94

Because o his lack o undersanding, he American

Academy o Pediarics has called or a ban on junk ood

markeing o children, and a ask orce o he American

Psychological Associaion has recommended ha all elevi-

sion adverising o children under age eigh be resriced.95

Advergames and websies urher exploi childrens vulner-

abiliies, as he boundary beween conen and program-

ming can be ar less clear han ha beween a elevisionprogram and a commercial.96

Adolescens are much more likely o undersand ha

commercials are designed o persuade hem and may

approach adverising wih a more wary perspecive.97

Because o his undersanding, resricions on ood

markeing o youh are ofen aimed a children under he

age o 12.98 Ye, wih repeaed exposure, he adverise-

mens sill work ofen wihou conscious percepion o he

markeing simulus.99 Adverisers also arge eenagers

wih new online markeing echniques such as produc

placemens and viral markeing ha are more likely o

undermine he viewers skepicism.100 Coupled wih adoles-

cens endency oward weak impulse conrol,101 he role

ha adverising plays in adolescen purchasing and dieary

habis should no be dismissed.

Media lieracy describes he process o learning abou

uses o media and undersanding is commercial inen.102

Deenders o ood markeing someimes argue ha chil-

dren should learn media lieracy rom heir parens or

schools and ha his knowledge will proec hem rom

he wors eecs o junk ood adverising. The argumen is

problemaic, however, as adverising can inluence children

well beore hey undersand wha adverising is. Addiion-

ally, here is litle evidence o suppor he claim ha media

lieracy signiicanly reduces he impac o adverising onchildren.103

In wha is known abou media lieracy, he mos impor-

an acor appears o be consisency. In oher words, i

akes repeaed menal eor o resis adverisemens or

emping oods. Because youh are exposed o so many

markeing messages, and because even older children need

promping o hink criically abou adverisemens, i is

hard o argue ha youh can consisenly igh o hese

messages on heir own. Finally, even i youh can coun-

erac he messages o junk ood markeing, hey may nowan o do so. Junk ood ases good, afer all, and eaing

somehing speciically disallowed by parens or eachers

can hold is own appeal.104

Alhough parens can each heir children o hink criically

abou adverising and make healhier choices, children

can wear down heir parens wih repeaed requess or

unhealhy oods.105 The media lieracy argumen essenially

relies on parens and schools o counerac a negaive


13/23


inluence in childrens lives. I raises an obvious quesion:

Raher han each youh o deend hemselves agains

markeing messages, isn i more eecive o resric he

adverising in he irs place? Cerainly, children should

learn o hink criically abou media and adverising, bu

on a mater as imporan as heir healh, hey deserve

proecion.

Regulation of Food Marketing to YouthFederal

The concep o regulaing ood markeing o children is no

new. The Federal Trade Commission Ac bans unair or

decepive acs aecing inersae commerce and allows

he FTC o sue companies or acions ha violae his provi-

sion and even o creae regulaions or common problems.

In 1978, he FTC examined regulaing ood markeing o

children in par due o concern over he impac o sugary

oods on childrens denal healh.

106

During KidVid, as heprocess was known, he FTC considered banning all elevi-

sion markeing o children under age eigh and argeed

sugary oods as unaccepable o marke o children under

age 11.107 The FTC repored evidence ha childrens sel-

conrol and undersanding o he healh impacs o sugary

oods could no overcome heir more immediae desire o

consume hem.108 The ood indusry ough hese regula-

ions, spending $16 million lobbying agains hem.109

In 1980, in response o he signiican pressure rom

indusry, Congress passed he FTC Improvemens Ac,

which speciically removed he FTCs auhoriy o regu-lae markeing o children as unair. However, i lef he

FTC he abiliy o regulae decepive pracices in ood

markeing o children. The FTC ended he rule-making

process wihou creaing any regulaions in 1981.110 Regula-

ors aced many diiculies, such as lobbying by he ood

indusry, bu pracical acors impaced he process as

well. A he ime, here was insuicien evidence ha ood

adverising negaively impaced childrens eaing habis.

Addiionally, regulaors aced challenges deining wha

markeing was aimed a children versus older children or

aduls. Alhough many programs are speciically markeed

o children, children also wach programs wih signiican

adul audiences, such as evening sicoms.111

The governmen did no address he issue o ood

markeing o children again unil over 30 years laer, whenchildhood obesiy became prominen on he naional

agenda. In 2005, he FTC and he Deparmen o Healh

and Human Services (HHS) sparked he debae wih a

public workshop on he issue. Due o lack o inormaion

abou he exen o markeing, he FTC subpoenaed 44

ood and beverage companies o obain inormaion on

money spen on various mehods o markeing ood o

youh.The resuling repor, Marketing Food to Children

and Adolescents: A Review of Industry Expenditures, Activi-

ties, and Self-Regulation, included a review o indusry sel-

regulaion eors promped by he governmens renewedineres in he issue.112

The American Recovery and Reinvesmen Ac, known

more commonly as he simulus package, required he

FTC, he CDC, he Food and Drug Adminisraion (FDA)

and he USDA o esablish an Ineragency Working Group

on Food Markeed o Children. The legislaion charged he

Working Group wih developing sandards by July 2010

or wha ypes o oods were appropriae o marke o

children.113

The Working Group released he iniial se o sandards inhe spring o 2011 or public commen. The Preliminary

Proposed Nuriion Principles o Guide Indusry Sel-Regu-

laory Eors (Principles) ook wo approaches or evalu-

aing oods based on he 2010 Dieary Guidelines.114 Foods

and beverages would eiher need o provide a meaningul

conribuion o healhy die or mee sandards on nuri-

ens o limi, including sal, sauraed a, rans as and

added sugar.115

The Principles argeed he 10 caegories o oods mos

heavily markeed o children: breakas cereals; snack

oods; candy; dairy producs; baked goods; carbonaed

beverages; rui juices and non-carbonaed beverages;

prepared oods and meals; rozen and chilled dessers; and

resauran oods.116 The deiniion o markeing mirrored

ha o he 2008 FTC repor spanning all markeing o

youh ages 2 o 17, including no jus elevision and prin

media bu also online markeing, social media and indirec

orms o markeing such as produc placemens, celebriy

endorsemens and coness.117


14/23


The Principles earned praise rom public healh orga-

nizaions or providing a srong baseline sandard

and addressing he loopholes ofen ound in indusry

sel-regulaory eors (discussed below).118 Mos oods

currenly markeed o children did no mee he Principles

sandards, and mos processed oods would need o

be reormulaed o mee hem.119 Various ood indusry

organizaions proesed ha he Principles would disallow

markeing or some soups, vegeable juices, cereals and

yogurs,120 alhough public healh advocaes counered

ha hese claims were exaggeraed.121 Tha any osensibly

healhy ood would no mee he Principles sandards

brings ino quesion jus how common added a, sugar

and sal are in processed oods.

The Grocery Manuacurers Associaion (GMA) claimed

ha he Working Group creaed needlessly sric regula-ions, ignoring signiican progress already made in

improving he qualiy o oods markeed o children.

According o GMA represenaive Scot Faber, In recen

years, we have changed he recipes o more han 20,000

producs o reduce calories, sugar, sodium, and a and

have pledged o annually remove 1.5 rillion calories rom

commerce by 2015.122 The Associaion o Naional Adver-

isers argues, Despie calling hese proposals volunary,

he governmen clearly is rying o place major pressure

on he ood, beverage and resauran indusries on wha

can and canno be adverised.123 An FTC atorney saedha he agencys ambiion isn ha ood companies sop

markeing o kids bu ha hey reormulae heir producs

and marke more healhul oods.124

The FTC made muliple public deenses o he Principles

and saed a willingness o revise he sandards, and he

vas majoriy o he 29,000 public commens suppored

hem.125 Bu Congress blocked he Principles by requiring

a cos-benei analysis, a nearly impossible ask or a

volunary measure, as he reques pre-supposes ha he

Principles are binding. The FTC has since decided no o

pursue he Principles.126 In his mos recen case, as in

every oher atemp o limi ood markeing o children,

indusry pressure rumped public healh.

Local and State

Local and sae regulaions o address ood markeing

o youh have been ew. The Ciy o San Francisco has

passed an ordinance ha bans resaurans rom oering

oys in childrens meals ha are high in calories, sugar and

a. Any childrens meal ha oers a ree oy mus also

include ruis and vegeables. In essence, he ordinance

has been dubbed a ban on McDonalds Happy Meal oys.

Sana Clara Couny, Caliornia, has passed a similar law.12

Some sae legislaures, in response o San Franciscos

ordinance and oher nuriion-relaed ordinances, such as

rans a bans and menu calorie-labeling requiremens,

have passed sae laws ha would supersede any suchlocal law. These bills give only he sae he auhoriy o

pass such laws. Arizona, or insance, speciically disallows

owns and counies rom banning consumer incenives in

ood markeing, which includes oys in childrens meals,

and Ohio gives he sae direcor o agriculure he sole

auhoriy o regulae consumer incenives, among oher

relaed issues. Sae resauran associaions have lobbied

or he sae bills, arguing ha varying local ordinances

applying o heir markeing pracices creaes an unair

regulaory burden.128

Industry Self-Regulation

The 2011 exercise o proposing Principles o guide indusry

sel-regulaion gave he ood indusry he opporuniy o

ou is progress in improving he healh o ood markeed

o children. Ye sel-regulaion has occurred only under

he hrea o governmen regulaion, and he eors so

ar have no done nearly enough o proec children rom

he wors eecs o ood markeing. Signiican indusry

sel-regulaory eors began in response o he FTC and

HHS 2005 workshop and 2006 repor on markeing, sel-

regulaion and childhood obesiy,129 and a new indusryagreemen on uniorm nuriion sandards ollowed in

response o he proposed Principles.130

Sudies o indusry sel-regulaory eors worldwide have

ound ha hey are ypically creaed in response o poen-

ial governmen inervenion and are eecive in achieving

basic conrols o he mos irresponsible adverisemens,

bu no changing much beyond ha.131 The researchers

o one sudy describe: As wih he obacco and alcohol


15/23


indusries, ood indusry sel-regulaion appears o be

moivaed more by exernal hreas: negaive public

atiudes, governmen acion ha resrics key business

pracices, and liigaion. Where indusry and public healh

objecives conlic, an indusry has incenives o creae a

public image o concern and o promise change, bu hen

o creae weak sandards wih lax enorcemen.132

Childrens Food andBeverage Advertising Initiativec

In response o he ederal governmens renewed scruiny

o ood markeing o youh, he Council o Beter Business

Bureaus (BBB) sponsored he volunary Childrens Food

and Beverage Adverising Iniiaive (CFBAI) in 2006, wih

he goal o promoing adverising messaging o children

o encourage healhier dieary choices and healhy

liesyles.133 The sandards or he CFBAI apply o all

markeing o children under he age o 12 and rely on each

ood company o se is own sandards or wha consi-

ues beter-or-you oods ha are appropriae o marke

o young children.134 As o December 2013, paricipaing

companies will be required o ollow a uniorm nuriion

sandard.135

As o 2012, he companies paricipaing are Burger King

Corporaion, Campbell Soup Company, Coca-Cola

Company, ConAgra Foods, Inc., The Dannon Company,

General Mills, Inc., Hershey Company, Kellogg Company,

Kraf Foods Global, Inc., Mars Snackoods US, LLC,

McDonalds USA, Nesl USA, PepsiCo, Inc., Pos Foods,

Sara Lee Corp. and Unilever Unied Saes.136 Three compa-nies Coca-Cola, Hersheys and Mars have sopped

markeing direced o children under 12 years o age.137 The

remaining companies have developed individual pledges

o improve he healh conen o oods hey marke o

children. The pledges apply o all orms o adverising.

Mos companies consider programs wih a 35 percen or

greaer audience share o children ages 2 o 11 o be child-

direced, and mos companies have also chosen no o

marke o children under he age o 6.

A a minimum, under he CFBAI, he companies mus: Devoe 100 percen o heir child-direced adverising

o beter-or-you oods, or o no engage in such

adverising;

Esablish nuriion sandards, consisen wih esab-

lished scieniic and/or governmen sandards and

recommendaions and subjec o BBB approval, ha

govern wha oods hey may adverise o children;

Limi he use o hird-pary licensed characers, celeb-riies and movie ie-ins in child-direced adverising

consisen wih he companys adverising commi-

men;

No pay or or acively seek o place heir ood and

beverage producs in he program/ediorial conen o

any medium ha is child-direced or he purpose o

promoing he sale o hose producs;

c ^,

Better-for-You FoodsHere are a few of the foods considered better-for-

you options and therefore appropriate to market

to children under age 12 by the Childrens Food and

Beverage Advertising Initiative:139

Cereal

Apple Jacks

Cinnamon Toast Crunch

Cocoa Pebbles

Froot Loops

Fruity Pebbles

Kelloggs Frosted Flakes

Lucky Charms

Trix

Fast Food

Burger King Kids Meals with Fresh Apple Slicesand fat-free milk or apple juice

McDonalds Happy Meals with fries, apple slices

and fat-free chocolate milk

Prepared Meals

Kid Cuisine Meals, including the Carnival Corn

Dog, Kickin Ravioli and KCs Primo Pepperoni

'RXEOH6WXHG3L]]D

&KHI%R\DUGHH2YHUVWXHGWDOLDQ6DXVDJH5DYLROL

and Pepperoni Pizza Ravioli

Snacks A variety of Unilever Popsicles, including products

named after Dora the Explorer, Marvel Super

Heroes, Spider Man and SpongeBob SquarePants

Honey Maid Grahamfuls Filled Crackers Peanut

Butter and Chocolate

Beverages

Kool-Aid Singles


16/23


Include only he companys beter-or-you oods or

healhy dieary choices in ineracive games ha

incorporae a companys ood producs; and

No adverise heir branded oods o children in elemen-

ary schools (his limiaion does no apply o chariable

undraising, displays o ood producs, public service

messaging or iems given o school adminisraors).138

Evaluating the Childrens Foodand Beverage Advertising Initiative

The Grocery Manuacurers Associaion and he Asso-

ciaion o Naional Adverisers have promoed a sudy

o elevision adverising aimed a children ages 2 o 11,

comparing adverising levels in 2004 versus 2010, o

evaluae he CFBAIs eeciveness in reducing childrens

exposure o ood adverising.140 According o he sudy, he

average child in his age span viewed approximaely 1,250

ood and beverage adverisemens on childrens elevision

in 2010, compared o 2,500 in 2004, and ood and beveragecompanies spen $200 million on elevision adverising o

his demographic, compared o $600 million in 2004. Tha

amouns o hal he adverising views on childrens elevi-

sion, and wo-hirds less spending.

In he sudy, hese impressive igures are ollowed by

graphs revealing drasic reducions in elevision adverising

o children in cerain ood caegories, including cookies,

snack bars, candy and sof drinks. In hese caegories,

elevision adverisemens direced speciically a children

have been all bu eliminaed. Addiionally, adverisemens

or ruis and vegeables have increased over 150 percen,

in par because here were so ew o hem o sar.141

These reducions in adverising are noeworhy. Ye

compared o he goals se ou in he Ineragency Working

Groups Principles, here are signiican gaps. Foremos

among hem are age and orm o media. The sudy does

no address exposure o youh ages 12 o 17, nor does he

sudy address childrens exposure o elevision adverise-

mens ouside o childrens programming. Recall ha

anoher 2010 sudy esimaed ha childrens oal elevi-

sion ood adverising exposure including all shows, nojus childrens shows was 5,000 viewings per year, ar

higher han he oals described above.142 The sudy also

leaves ou adverising online, where much adverising has

shifed in recen years.143

Cerainly, reducing adverising or junk oods makes he

adverising mix less unhealhy, bu hese eors do no

reach ar enough. The Working Group has indicaed ha

mos oods currenly adverised o youh would no mee

heir proposed Principles.144 Three sudies urher evaluae

he CFBAI agains hird-pary nuriion sandards and

conirm ha, even afer aking ino accoun he indusrys

sel-regulaory eors, mos o he ood markeed ochildren is no healhy.

An evaluaion o ood markeed o children beore and

afer implemenaion o he CFBAI ound only a sligh

decrease in he markeing o unhealhy oods o children.

In 2009, 72.5 percen o oods markeed o children were

Whoa oods, hose ha should be consumed only occa-

sionally as reas (as deermined by he HHS Go-Slow-

Whoa ood raing sysem), compared o 84 percen in

2005.145 O adverising by companies paricipaing in he

CFBAI, 68.5 percen o adverisemens eaured Whoaoods, while only 1 percen o ood adverising by hose

companies me he sandards o healhier Go oods ha

children should be encouraged o ea on a regular basis.

Addiionally, hal he adverisemens using licensed

characers were or Whoa oods.146 And, ye, according o

he sudy, he companies involved were all meeing heir

pledges, and nearly hree-quarers o he ood adverise-

mens were rom companies paricipaing in he iniia-

ive.147 The eors have simply no been enough o make a

subsanial change in he overall conen o ood markeing

o young children.148 The auhors speciically ideniy he

lack o a uniied sandard as a weakness o he CFBAI: A

is roo, his siuaion suggess ha each company ailors

is unique nuriional guidelines o deine healhy oods by

careully weighing he implicaions o each acor or is

paricular produc porolio. I implies ha shades o grey

in close call decision-making may be shaped a leas in

par by a companys sel-ineres in qualiying more o is

producs in he healhy caegory.149


17/23


The Cener or Science in he Public Ineres evaluaed

CFBAI-approved beter-or-you oods agains he nuri-

ion sandards or he Naional Alliance or Nuriion and

Aciviy (NANA)s Model School Wellness Policies on

Physical Aciviy and Nuriion. O he 452 beter-or-

you producs approved by he CFBAI as o 2009, only 41

percen me he NANA sandard. Producs mos likely o

mee he sandard included yogur and juices.150

The sudy also analyzed ood adverisemens on he

childrens cable channel Nickelodeon in 2005 and 2009

o observe any dierences since he CFBAI wen ino

eec. Overall, adverisemens or nuriionally poor oods

decreased rom 88 percen o 79 percen o he oal, a

saisically insigniican dierence. The percenage o

adverisemens or oods high in added sugars acually

increased over he ime rame, while adverisemens high in

oal a, sauraed and rans as, and sodium decreased.

Three-quarers o he adverisemens were rom companies

paricipaing in he CFBAI. Adverisemens rom compa-nies paricipaing in he CFBAI were much more likely

o mee he NANA sandards, wih 28 percen o hose

adverisemens meeing he NANA sandard and virually

no adverisemens rom he non-CFBAI companies doing

so.151 Thus, CFBAI-approved adverisemens represen a

higher likelihood, bu no guaranee, o healhul conen.

Yale Universiys Rudd Cener or Food Policy and Obesiy

has analyzed cereal and beverage adverisemens o

children.152 A sudy o cereal adverisemens rom CFBAI-

paricipaing companies ound ha hese companies endo marke heir leas-healhy opions o children.153 For

example, in 2011, children ages 2 o 11 on average saw

hree imes as many ads or CFBAI-approved Honey Nu

Cheerios compared o regular Cheerios.154

The cereals markeed direcly o children in he sudy

conain 56 percen more sugar, 52 percen less iber and

50 percen more sodium han cereal markeed o aduls.

Companies ypically markeed heir healhier cereals o

aduls or he aduls consumpion.155 There is perhaps no

beter example o mixed messaging: he same company is

markeing one se o cereals o children, and anoher se o

cereals o he parens o buy or he children. On he one

hand, cereal companies can promoe heir involvemen inhe CFBAI, while on he oher hand, hey are seting up

parens o ail wih heir conradicory markeing pracices

The Rudd Cener also ound ha children and eens

viewed wice as many ads or regular soda in 2010 as

in 2008.156 While youh exposure o sugary drink ads

rom PepsiCo declined, exposure doubled o ads rom

Coca-Cola, Dr Pepper Snapple Group drinks and 5-hour

Energy.157 Noe ha PepsiCo and Coca-Cola are boh

members o he CFBAI.158 Coca-Cola also appears as

a produc placemen in primeime elevision showscommonly wached by youh.159 These placemens repre-

sen a loophole in he CFBAI sandards, which require

limiing produc placemens only in childrens program-

ming.160

Improving Industry Self-Regulation

While here have been some improvemens, he overall

qualiy o ood markeed o youh is sill quie unhealhy.

Indusry sel-regulaion is clearly insuicien o make he

necessary changes o improve he healh o ood markeed

o children. One consisen criicism o indusry-led regula-ory eors has been he lack o a uniorm nuriion san-

dard or oods and beverages adverised o youh.161 The

Principles represened he irs saemen by he ederal

governmen o creae bes pracices or such a sandard o

recommend o indusry, in lieu o indusry acion on he

mater. On he very las day o submi commens on he

Principles,162 he CFBAI counered wih is own uniorm

nuriion sandard, which paricipaing companies mus

implemen by he end o 2013.

The CFBAI sandard se limis on sodium, sauraed a,rans a, sugar and calories or each o 10 broad ood

caegories.163 This nuriion sandard is weaker han he

Principles sandard and applies o ewer ypes o adver-

ising.164 While mos oods currenly accepable under he

CFBAI would no mee he Principles sandard, wo-hirds

would mee he CFBAIs new uniorm sandard. Mos

producs ha do no mee he sandard would require

minimal adjusmens o do so.165


18/23


In oher words, he CFBAIs new sandard does no acu-

ally make signiican improvemens over he curren siu-

aion. A leas hree o he companies paricipaing in he

CFBAI General Mills, Kellogg and PepsiCo lobbied o

weaken he Principles as par o a media and ood indusry

eor called he Sensible Food Policy Coaliion.166 As he

earlier evaluaions sugges, a srong nuriion sandard

is necessary o reduce childrens exposure o unhealhy

ood adverising. The ood and beverage indusry shouldsuppor a sronger sandard.

Furher improvemens o indusry-led programs like he

CFBAI would include:

Elimination o junk ood marketing during

certain contexts167: As recommended by he World

Healh Organizaion, setings where children gaher,

such as schools and afer-school programs, should be

ree o junk ood markeing.

Outside evaluation o industry eforts168: The

FTCs repor, Marketing Food to Children and Adoles-cents: A Review of Industry Expenditures, Activities, and

Self-Regulation, provides one example o a horough

evaluaion o indusry spending on dieren ypes o

markeing.

Targeted goals to improve health outcomes or

youth: Some public healh advocaes have called or

oucome-based evaluaions wih goals or reducing

childrens consumpion o unhealhy oods or improve-

mens in childhood overweigh and obesiy.169

Inclusion o media companies, such as television

networks and social media websites170: Sel-

regulaion would be srenghened i media companies

agreed no o show adverisemens, include produc

placemens or allow heir characers o endorse oods

ha do no mee a common nuriion sandard.

Participation by additional ood and beverage

companies171: For indusry sel-regulaory eors o

work mos eecively, every company should parici-

pae.

The Whie House Task Force on Childhood Obesiy has

recommended a number o improvemens o indusry

sel-regulaory iniiaives o make hem more ar-reaching

and consisen. The Task Force allows or he possibiliyha indusry eors will make a signiican dierence

in youhs exposure o unhealhy ood markeing, bu i

recommends revised ederal rules should hese eors no

work as enough. Speciically, he repor recommends

Does the First Amendment Protect Commercial Speech?For the most part, the U.S. Supreme Court has interpreted the First Amendment as protecting commercial speech,

leaving this form of expression largely unregulated.190 Commercial speech is expression related solely to the economic

interests of the speaker and its audience and speech that proposes a commercial transaction. Yet, based on the

1980 case Central Hudson Gas & Electric Corporation v. Public Service Commission of New York, commercial speech can beregulated if it is deemed false, misleading or deceptive.191

The central question about whether food marketing to kids is protected under the First Amendment naturally follows:

Is it inherently false, misleading or deceptive? Can children understand the marketing as advertising? What if some

advertisements are considered misleading and others are not? At what age does it apply?

The restriction on misleading advertising does not allow for the elimination of whole categories of advertising if it is

possible for the advertising to be done in a way that is not misleading.192 Researchers and advocates have argued that

advertising to young children is inherently misleading because children cannot understand the persuasive intent of

advertising. There is no non-misleading alternative in this case, as even disclosure statements are beyond childrens

understanding.193

7KH6XSUHPH&RXUWKDVDOVRLGHQWLHGFKLOGUHQVULJKWVWRSURWHFWLRQDVGLHUHQWIURPWKDWRIDGXOWVDVFKLOGUHQDUH

SDUWLFXODUO\YXOQHUDEOHWRPDUNHWLQJLQXHQFH194

QSUDFWLFHDVVHHQLQWKH)7&VHRUWVWRUHJXODWHPDUNHWLQJWRFKLOGUHQDSSO\LQJWKHVHGHQLWLRQVLVFRPSOLFDWHGQWKHFDVHRI Lorillard v. Reilly, for instance, the Supreme Court

ruled that Massachusetts could not restrict tobacco advertising near schools and playgrounds because it interfered

with companies ability to market to adults.195 Distinguishing between adver tising directed at children and especially

adolescents versus adults complicates attempts to regulate food marketing.

Certain programs and websites are clearly aimed at children, but there is also much content whose audience is mixed.

7KH)LUVW$PHQGPHQWSURWHFWLRQLQWKHVHFDVHVKDVQRWEHHQFOHDUO\GHQHG7KH6XSUHPH&RXUWODVWUXOHGRQD

commercial speech case in 2002.196 The FTC has developed its own guidelines to determine what fraction of the audi-

ence must be made up of children or adolescents to determine whether the programming is aimed at that age group,

but those regulations have only been proposed for voluntary restrictions on food marketing to children.197


19/23


ha, wihin hree years, he majoriy o ood adverising

direced a children should be or healhy oods and

beverages, and licensed characers should be used only o

promoe healhy producs.172 I seems highly unlikely ha

he ood and beverage indusry will mee hese goals.

The suggesed improvemens would make indusry sel-

regulaory eors sronger, bu, ulimaely, he problem is

ha ood markeing works.173 Indusry sel-regulaory

eors may have removed adverisemens or some ohe unhealhies producs, bu here are many inconsis-

encies, and he majoriy o ood in adverisemens o

youh remains unhealhy. The IOM saes ha ood and

beverage companies, resaurans, and markeers have

underuilized poenial o devoe creaiviy and resources

o develop and promoe ood, beverages, and meals ha

suppor healhul dies or children and youh.174 Unor-

unaely, wihou regulaions or he hrea hereo, he

indusry remains wihou suicien incenive o do so.

International RegulationThe World Healh Organizaion (WHO) recenly passed

recommendaions o reduce he impac on children o

markeing o oods high in sauraed as, rans-aty

acids, ree sugars, or sal, wih he larger goal o reducing

he prevalence o diseases o which unhealhy dies

conribue.175 Acknowledging member naions varying

capaciy o enac markeing resricions, he WHO recom-

mends ha naional governmens should deine wha

ypes o markeing o resric and wha nuriional san-

dards are appropriae or oods markeed o children, and

oversee all implemenaion and evaluaion.176 In paricular,

he recommendaions call or banning markeing o oods

high in sal, sugar and a in schools and oher places

requened by children.177

Worldwide, as o 2006, 36 counries had implemened

regulaions addressing ood markeing o youh on elevi-sion, mos aimed a children under age 12, and 21 coun-

ries regulaed markeing in schools.178 A he ime, only

Finland and Spain limied produc placemens, and only

Brazil limied Inerne markeing. The Unied Kingdom has

enaced some o he mos sringen requiremens, banning

all junk ood markeing on childrens elevision saions

and programming aimed a youh under age 16 as o

2008.179 Many ood corporaions sell heir producs globally

and have hereore had experience meeing he regulaory

requiremens o dieren counries.

Recommendations

The public healh challenge o rising childhood obesiy

mus be addressed. Improving he nuriional environmen

or youh will require many policy changes. Is ime o ask

he quesion: Is i appropriae o adverise unhealhy oods

o children and adolescens? While he FTCs proposed

volunary Principles oered a srong se o guidelines, his

proposal should no be he exen o he debae abou

improving he nuriional value o oods markeed o

youh. Broader resricions are necessary o proec youh

rom he inluence o ood and beverage markeing.

Speciically, Food & Waer Wach recommends ha:

The FTC should be able o regulae any unair or

decepive markeing, bu Congress has limied he

FTCs auhoriy o resric markeing o youh.

Congress should provide he FTC wih he ull

auhoriy o regulae ood and beverage markeing.

Congress should also give he FTC he auhoriy o

creae mandaory nuriion sandards or ood and

beverages markeed o youh.

The FTC should coninue is monioring o indusryspending and sel-regulaory eors in ood markeing

o youh.

Food and beverage companies should reduce adver-

ising o unhealhy oods and beverages o children

and reormulae producs o make hem healhier.

The USDA should issue srong nuriion sandards or

compeiive oods sold in schools as sipulaed in he

Healhy, Hunger-Free Kids Ac o 2010.


20/23


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it pays to advertise: junk food marketing to kids

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