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.
Published: February 2012
ID #: 1056
Journal: Health Aff (Millwood)
Authors: Graff S, Kunkel D, Mermin SE
Keywords: Digital marketing, Food advertising, Legal, Media, Nutrition standards, Self-regulation
Age Groups: Elementary-age children (grades K to 5), Preschool-age children (ages 3 to 5), Young adolescents (grades 6 to 8)
Focus Area: Food Marketing
Resource Type: Journal Article
State: National
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