This legal issue brief focuses on “pester power” food and beverage marketing, in which young children are targeted by marketers in an effort to get them to encourage their parents to purchase products for them. In the brief, pester power marketing is analyzed under existing state consumer protection laws and two primary legal theories: (1) pester power marketing as unfair “indirect” marketing to parents; and (2) pester power marketing as unlawful direct marketing to children.
Issue Brief: Reining in Pester Power Food and Beverage Marketing
Major Findings from 50-State Survey of State Consumer Protection Law to Limit Junk Food Marketing to Children
This report summarizes findings from a 50-state survey of state consumer protection laws to identify key statutes that hold promise to protect children when they are the targets of marketing for unhealthy food and beverage marketing. The authors apply a consumer protection legal framework by dividing children’s food and beverage … More
The consumer protection framework may permit a variety of interventions to help control food marketing of children’s foods and beverages where such marketing may be considered unfair or deceptive. The study will consist of an overview of the consumer protection authority applicable to children’s food marketing at the federal level … More
The healthfulness of foods and beverages found in retail food stores differs widely across the United States, both by location of the store as well as by store type. Some communities have limited access to stores that carry healthful staple foods such as fruits and vegetables, whole grain-rich foods, and … More