Calls for Regulation
The World Health Organization has issued several reports on food marketing to children.[1] In 2010, it issued 12 recommendations to governments globally to reduce the exposure, impact, and power of food marketing directed at children by enacting policies to address the marketing of foods high in saturated fats, trans-fatty acids, free sugars, or salt, in all child-oriented settings such as schools, playgrounds, child health locations, and sporting and cultural events.[2]
Several countries have implemented television marketing restrictions. Mexico is the only country that has banned television advertisements for sugary drinks and unhealthy food for all programming regardless of the age of the target audience; this ban is in place during weekday afternoons and evenings and most of the day and evening on weekends.[3] The Canadian province of Quebec prohibits all commercial advertising directed at children younger than 13 years of age.[4] The United Kingdom bans the marketing of food and beverages high in fat, salt, or sugar during television programming geared toward children aged 4 to 15 years.[5] Norway and Sweden also have restrictions.[6]
Conversely, the United States relies on a self-regulatory approach. Self-regulation is when an industry polices its own behaviors rather than being controlled by the government. Industries do this for various reasons, such as trying to avoid government regulation, trying to avoid litigation, a lack of adequate government regulation for certain issues typical of the industry, or it is in the industry’s own best interest to self-regulate.[7] An example of the latter rationale is the Marine Stewardship Council, which created an “ecolabel and fishery certification program” to safeguard the world’s fisheries from overfishing and create a sustainable seafood supply.[8] This is in the best interest of the seafood industry and consumers.
The U.S. self-regulatory structure for food marketing to children arose after several failed attempts at government regulation, discussed below in the section on the FTC. In addition to political barriers, the most significant difference between the United States and the rest of the world is the United States Constitution’s First Amendment protection for commercial speech. This has hindered even the best efforts by government entities. Despite the fact that the government has not been able to successfully regulate food marketing directed at children, there is still an expectation that companies should not exploit children through marketing practices, and this expectation underlies self-regulatory efforts. This chapter discusses government and self-regulatory efforts to address food marketing to children. Because any government regulation takes shape against the background of the Constitution, the First Amendment’s protection for commercial communications will be described first.
- [1] World Health Organization. Publications related to marketing of food and non-alcoholicbeverages to children. http://www.who.int/dietphysicalactivity/publications/marketing/en/
- [2] World Health Organization. Set of recommendations on the marketing of foodsand non-alcoholic beverages to children (2010). http://whqlibdoc.who.int/publica-tions/2010/9789241500210_eng.pdf?ua=1
- [3] British Broadcasting Corporation. Mexico restricts soft drink TV ads to fight obesity. July 16,2014. http://www.bbc.com/news/world-latin-america-28325105
- [4] Kim D. Raine, Tim Lobstein, Jane Landon, Monique Potvin Kent, Suzie Pellerin, TimothyCaulfield, Diane Finegood, Lyne Mongeau, Neil Neary, and John C Spence. Restricting Marketingto Children: Consensus on Policy Interventions to Address Obesity. Journal of Public Health Policy.2013; 34(2): 239-253.
- [5] Ofcom. HFSS Advertising Restrictions: Final Review. London: Ofcom; 2010. http://stake-holders.ofcom.org.uk/market-data-research/other/tv-research/hfss-final-review/
- [6] http://www.economist.com/news/international/21590489-are-children-fair-game-sophisticated-and-relentless-marketing-techniques-many
- [7] L. L. Sharma, S. P. Teret, K. D. Brownell. The Food Industry and Self-regulation: Standardsto Promote Success and to Avoid Public Health Failures. American Journal of Public Health.2010;100(2):240-246.
- [8] Marine Stewardship Council http://www.msc.org/about-us/vision-mission
