The childhood obesity epidemic has prompted calls for government restrictions on child-targeted advertisements for high-calorie, nutrient-poor foods. Food and entertainment industry groups have countered that the First Amendment prohibits such government regulation. This article draws on relevant court decisions and scientific research on children’s understanding of advertising to show that all advertising directed at children younger than age twelve, including food and beverage advertising, meets the legal definition of “inherently misleading,” and therefore is not protected by the First Amendment and may be regulated.
Government Can Regulate Food Advertising to Children Because Cognitive Research Shows that it is Inherently Misleading
Digital Food and Beverage Marketing Environments in a National Sample of Middle Schools: Implications for Policy and Practice
One promising approach to influence nutrition behavior is to limit food and beverage marketing to children. Children are a lucrative market and schools may be an effective setting in which to intervene. Studies have shown that marketing in schools is prevalent but little is known about digital marketing to students … More
Retailers and other organizations currently use a variety of nutrition standards and recommendations to guide consumers towards healthier, “Better for You”, options. This variety can be confusing to consumers. Healthy Eating Research convened a scientific advisory committee to review existing “Better-For-You” nutrition standards, and analyze their strengths and weaknesses. The … 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