Yale University’s Rudd Center for Food Policy and Obesity and the Robert Wood Johnson Foundation (RWJF) recently conducted a study concluding that “the majority of the food and beverage brands endorsed by professional athletes are for unhealthy products like sports beverages, soft drinks, and fast food.” Marie Bragg, et al., “Athlete Endorsements in Food Marketing,” Pediatrics, November 2013. Noting that previous research by public health advocates has criticized the use of athletes’ endorsements in food marketing campaigns for often promoting unhealthy food and sending mixed messages to youth about health, Rudd Center researchers state that theirs is the first study to examine the extent and reach of such marketing. The researchers reportedly selected 100 professional athletes for study based on Businessweek’s 2010 Power 100 report, which ranked athletes according to their endorsement value and prominence in their sport. Information about each athlete’s endorsements was gathered from the Power 100 list and…
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“The food industry is spending almost $2 billion a year marketing directly to children and teens,” opines food industry critic Anne Lappé in an October 2, 2013, interview with Mother Jones that focuses on her latest project, Food MythBusters. Discussing a range of topics from genetically modified organ- isms to food marketing and farm labor practices, Lappé not only argues that the food industry “has infiltrated all aspects of our children’s lived experience, including their experience at school,” but claims that legal restrictions on food marketing and advertising are necessary to protect children’s health. She also criticizes the industry’s move toward self-regulation, alleging that such initiatives have already failed. “Diet-related illnesses are causing nearly as many deaths as tobacco-related illnesses, not to mention the impact on quality of life when you start to develop adult-onset diabetes as a child, or all these other diet-related illnesses,” concludes Lappé, whose Food MythBusters…
A federal court in the District of Columbia has dismissed, for lack of standing, a lawsuit filed by the Humane Society of the United States and several other plaintiffs against the U.S. Department of Agriculture (USDA), challenging the secretary’s approval of the National Pork Board’s purchase of the slogan “Pork, The Other White Meat” from the National Pork Producers Council (NPPC). The Humane Soc’y of the U.S. v. Vilsack, No. 12-1582 (D.D.C., decided September 25, 2013). Details about the lawsuit appear in Issue 455 of this Update. According to the court, the individual pork farmer plaintiff lacked standing because he could not show that changes to the advertising funded by the pork checkoff program following the board’s purchase and retirement of the slogan affected him financially. In fact, since the board began advertising with the slogan “Pork: Be Inspired,” the net return on investment to pork producers rose from $13.8…
A federal court in California has granted in part and denied in part the motion to dismiss filed by Dole Food Co. in a putative nationwide class action alleging that the company misbrands a number of its fruit products by making certain “all natural,” “fresh,” nutrient content, antioxidant, sugar-free, and health claims, as well as failing to disclose that the products contain artificial additives, chemical preservatives and other artificial ingredients. Brazil v. Dole Food Co., No. 12-1831 (N.D. Cal., order entered September 23, 2013). According to the court, the plaintiff has standing at this stage of the proceedings to bring claims as to products he did not purchase, ruling that he may proceed with “substantially similar claims based on both products he purchased and substantially similar products he did not purchase” on behalf of unnamed class members. The court dismissed with prejudice claims based on the company’s website statements because the…
A divided Fourth Circuit Court of Appeals panel has determined that a Virginia Alcohol Beverage Control Board prohibition on alcohol advertisements in college newspapers, as applied, violates the First Amendment rights of two campus newspapers because the majority of the papers’ readers are age 21 or older, and thus the rule is “not appropriately tailored to Virginia’s stated aim.” Educ. Media Co. at Va. Tech, Inc. v. Insley, No. 12-2183 (4th Cir., decided September 25, 2013). So ruling, the court reversed a district court decision upholding the rule’s validity. The board argued that the purpose of the regulation “is to combat underage and abusive college drinking.” The court majority found that, under either a strict scrutiny or intermediate scrutiny analysis, the regulation was overbroad as applied to college newspapers that were read by college students of legal age. The regulation failed, said the court, “because it prohibits large numbers of…
New York Attorney General Eric Schneiderman recently announced that 19 companies have agreed to stop hiring search engine optimization (SEO) and marketing entities to write fake online reviews after an undercover investigation into digital “astroturfing” allegedly found that such practices violate “multiple state laws against false advertising.” According to a September 23, 2013, press release, “Operation Clean Turf” reportedly revealed that companies posting fake consumer reviews on Yelp, Google Local and similar sites often used techniques to conceal their identifies, including “creating fake online profiles on consumer review websites and paying freelance writers from as far away as the Philippines, Bangladesh and Eastern Europe for $1 to $10 per review.” The investigation also identified SEO companies that purportedly offered to produce fake reviews on behalf of their clients as part of their reputation management services. “Consumers rely on reviews from their peers to make daily purchasing decisions on anything from…
William Dietz, the former director of the Division of Nutrition, Physical Activity and Obesity at the Centers for Disease Control and Prevention (CDC), has authored a September 2013 commentary in the journal Health Affairs, urging the “mobilization of parents as a political force to improve standards for food marketed to children.” William Dietz, “New Strategies to Improve Food Marketing to Children,” Health Affairs, September 2013. Recounting the past efforts of the Federal Trade Commission and other government agencies to curb food marketing to children, Dietz argues that these initiatives “have had a modest but positive impact” on the media landscape but have ultimately foundered in the face of industry opposition. “Because groups that support the needs of children will never have the same resources in the political arena as those of the industries that market to children, it is time to consider alternative strategies,” Dietz writes. In particular, he suggests that…
A federal court in California has granted a motion for final settlement approval in a nationwide class action alleging that Kellogg Co. falsely advertised its Frosted Mini-Wheats cereal products as a food that could help improve children’s attentiveness by 20 percent. Dennis v. Kellogg Co., No. 09-1786 (S.D. Cal., order entered September 10, 2013). Details about prior rulings in the case appear in Issue 483 of this Update. The court had previously given reluctant approval to the preliminary settlement, concerned that the class relief appeared to have diminished after remand from the Ninth Circuit, with attorney’s fees appearing to remain constant—the original settlement had a cash value of about $10.5 million with $2 million for attorney’s fees and claims administration; the revised settlement has a cash value of $4 million with $1.5-2 million reserved for attorney’s fees and claims administration. According to the court, the plaintiffs demonstrated that “the seemingly unchanged total…
The Yale Rudd Center for Food Policy & Obesity has published a study that criticizes cereal companies for allegedly promoting high-sugar products to children and portraying “unhealthy eating behaviors” in TV advertisements. Megan LoDolce, et al., “Sugar as Part of a Balanced Breakfast? What Cereal Advertisements Teach Children About Healthy Eating,” Journal of Health Communication, August 2013. According to the study’s authors, who reportedly analyzed 158 cereal advertisements that aired between 2008 and 2009 for messaging type, creative techniques and the eating behaviors modeled, 87 percent of ads viewed by children promoted high-sugar products and “were significantly more likely to convey unrealistic and contradictory messages about cereal attributes and healthy eating.” In particular, the analysis suggested that 91 percent of high-sugar cereal ads directed at children “ascribed extraordinary powers to these products,” while 67 percent “portrayed healthy and unhealthy eating behaviors.” “These findings also raise ethical and public health concerns about…
A recent study funded by the Robert Wood Johnson Foundation has claimed that fast food TV advertisements directed at children have allegedly failed to abide by Children’s Advertising Review Unit and Children’s Food and Beverage Advertising Initiative recommendations that food products—as opposed to toys, movie tie-ins and brands—should be the focus of youth marketing messages. Amy Bernhardt, et al., “How Television Fast Food Marketing Aimed at Children Compares with Adult Advertisements,” PLoS One, August 2013. After reviewing all nationally televised advertisements for the top 25 quick service restaurants (QSRs) in the United States, researchers with the Geisel School of Medicine at Dartmouth and Public Health Advocacy Institute reported that 99 percent of the 92 QSR children’s meal advertisements that aired between July 1, 2009, and June 30, 2010, were attributable to either McDonald’s or Burger King. They also purportedly found that—compared with adult advertisements over the same period—visual branding, food…
