Deceptive health claims on foods and beverages are prohibited by law, and may be addressed through litigation or government regulatory efforts. This article analyzes legal actions against potentially deceptive health claims and presents recommendations for those interested in pursuing legal approaches. Researchers identified and reviewed 115 health claims on foods and beverages marketed to youths ages 3 to 18 that have been the subject of state, federal, or private litigation or government regulation from January 1, 2005 through June 30, 2013. They found that 77 percent of legal actions involved litigation and 18 percent involved governmental warnings. The majority of litigation (67%) was initiated by individuals. Most actions (64%) were brought under state legal authority, with 60 percent relying upon state consumer protection or false advertising laws. Using findings from this comprehensive review, the researchers developed recommendations to assist those interested in pursuing legal approaches. To improve the likelihood of success, they recommend determining the scientific support for the claim, carefully selecting plaintiffs who have experienced harm as a result of the health claim, and identifying health claims for which legal action holds the greatest public health impact.
Legal Action Against Health Claims on Foods and Beverages Marketed to Youth
Published: January 2015
ID #: 70755
Journal: Am J Public Health
Authors: Rutkow L, Vernick JS, Edwards DM, Rodman SO, Barry CL
State: National
Age Groups: Preschool-age children (ages 3 to 5), Elementary-age children (grades K to 5), Young adolescents (grades 6 to 8), Adolescents (grades 9 to 12)
Focus Area: Food & Beverage Marketing
Resource Type: Journal Article
Keywords: Food advertising, Front-of-package labeling, Legal
Related Research
June 2014
Legal Approaches to Addressing Deceptive Claims on Foods and Beverages Marketed to Children
The advertising of foods and beverages with low nutritional value has been identified as a contributor to rising obesity rates among children. Food and beverage manufacturers often use health claims to promote their products to consumers, including parents seeking nutritious options for their children. While health claims may take varied … More
March 2013
Developing a Legal Review and Toolkit for Reviewing the Health Claims for Food Marketed to Children and Their Families
The food industry often uses health claims to promote its products to consumers, including parents seeking nutritious options for their children. Parents and children in low-income and racial/ethnic minority households at greatest risk for childhood obesity are disproportionately exposed to these claims through advertising. Regulators can pursue deceptive and/or unfair … More
September 2019
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