Published: July 2019

ID #: 1114

Journal: Am J Law Med

Authors: Pomeranz JL, Harris JL

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There is a gap in the research identifying areas for U.S. regulation of foods and beverages marketed for infants and toddlers through three years of age. To fill this gap, this paper evaluates relevant policy opportunities to address marketing and labeling practices of concern. First, we provide background on marketing and labeling of infant, baby, and toddler products and international recommendations related to these products and then we briefly review relevant international regulations. Next, we discuss the U.S. regulatory framework for food and drink labeling on product packages and marketing on television and the internet, and through the federal nutrition assistance program specifically for young children; this includes First Amendment considerations, and the authorities of Congress, the Food and Drug Administration (“FDA”), US Department of Agriculture (“USDA”), and Federal Trade Commission (“FTC”). Throughout these regulatory sections, we provide additional examples of concern related to the products of interest. We conclude by identifying gaps in U.S. regulations, opportunities for future research, and highlighting the need for specific regulatory actions in this context.

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