Minnesota Legal Journal Publishes Food Advertising and Childhood Obesity Article

The most recent issue of the Minnesota Journal of Law, Science & Technology
includes an article titled “Food Advertising and Childhood Obesity: A Call to
Action for Proactive Solutions.” Co-authored by online law instructor Roseann
Termini and Widener University School of Law students Thomas Roberto and
Shelby Hostetter, the article explores whether food advertising is related to
the epidemic of child obesity and what can be done to reduce its purported
effects. Contending that government regulation of food advertisements
directed at children is necessary because “children lack the cognitive skills
to discern actual nutritional information amidst a veil of attention grabbing
marketing techniques,” the authors discuss what regulatory options would
best police the industry.

While they note the constitutional issues raised by bans or limitations on commercial advertising, the authors apparently see no impediments to government overseeing and enforcing “the internal policies of food manufacturers,” aggressive enforcement of established youth marketing guidelines, and the elimination of food advertising as an ordinary business expense deduction. They also recommend tax incentives for “healthy food selection” messages. The article concludes by recognizing that parents have at least some role in influencing children’s food choices, so the authors call on them to model good behavior and stop watching television during meals. The authors contend, “Without the concerted efforts of parents, caregivers, educators, community, and food advertisers, the need for governmental regulation of food advertisements directed at children will remain constant.”