POM Wonderful LLC has filed a petition seeking review in the D.C. Circuit Court of Appeals of a Federal Trade Commission (FTC) order requiring two randomized, controlled clinical trials before the company can make a claim that its pomegranate juice products treat, prevent or reduce the risk of heart disease, prostate cancer or erectile dysfunction. POM Wonderful LLC v. FTC, No. 13-1060 (D.C. Cir., filed March 8, 2013). In its January ruling, FTC found that the company made false and misleading claims by advertising its products with health-benefit assertions that POM contended were backed by medical research. Additional information about the FTC rulings in the case appears in issues 441 and 467 of this Update.
Tag Archives advertising
The Legislature of Suffolk County, New York, has adopted new measures (1920-2012, 1085-2013 and 1086-2013) designed to curtail the marketing of energy drinks to minors within county limits. Introduced by William Spencer (D-Centerport), the three new laws will (i) prohibit companies from providing free energy drink samples and coupons to individuals younger than age 18; (ii) ban the sale and distribution of these products to minors in county parks; and (iii) establish a “Truth About Stimulant Drinks” public education campaign “to increase awareness of side effects associated with energy drink consumption.” The legislation also specifies civil penalties between $500 and $1,000 per violation of the new rules. “Far too many people are unaware of the effects excessive caffeine consumption can have on the body,” Spencer told reporters. “Excessive consumption of caffeine can aggravate pre-existing conditions and contribute to a variety of health problems. My plan levels the playing field and…
A University of Liverpool study contends that “celebrity endorsement of a food product encourages children to eat more of the endorsed product.” The study’s authors also assert that children were prompted to eat more of the endorsed product when they saw the TV celebrity in a different context. The study involved 181 children, ages 8 through 11, some of whom were asked to watch a 20-minute cartoon that included one of three different commercials: one for a particular brand of potato chips endorsed by former soccer star Gary Lineker; one for a different snack food; and one for a toy. Another group of children viewed TV footage of Lineker at an event not related to the snack food. The ads included one for Walker’s potato chips featuring the soccer hero; a promo for a snack food with no celebrity endorsement; and a commercial for a toy, also without a celebrity…
The Rudd Center for Food Policy & Obesity has published a study urging a broader definition of “child-directed” TV advertising than the one currently employed by the industry-backed Children’s Food and Beverage Advertising Initiative (CFBAI). Jennifer Harris, et al., “Redefining ‘Child-Direct Advertising’ to Reduce Unhealthy Television Food Advertising,” American Journal of Preventative Medicine, March 2013. According to the study, CFBAI covers TV advertising only “during programs for which children make up 35% or more of the viewing audience.” By comparison, Rudd Center Director of Marketing Initiatives Jennifer Harris and her colleagues have suggested that broadening the definition of child-directed advertising “to include programs with a child-audience share of 20% or higher and/or 100,000 or more child viewers would cover 70%-71% of food advertising seen by children but just one third of ads seen by adults.” To support this recommendation, the study’s authors used Nielsen data from all national TV programs aired…
The Institute of Medicine (IOM) has issued a pre-publication summary of its workshop “New Challenges and Opportunities for Change in Food Marketing to Children and Youth.” Conducted by IOM’s Standing Committee on Childhood Obesity Prevention, the November 5, 2012, workshop featured “presentations and discussion on contemporary trends in marketing of foods and beverages to children and youth and the implications of those trends for obesity prevention.” According to IOM, “[t]he childhood obesity epidemic is an urgent public health problem, and it will continue to take a substantial toll on the health of Americans. The most recent data show that almost a third of U.S. children and adolescents are overweight or obese.”
A recent article published in the Journal of Public Policy has recommended “a national regulatory system prohibiting commercial marketing of foods and beverages to children” as part of an effort to curb rising obesity rates in Canada. Kim Raine, et al., “Restricting marketing to children: Consensus on policy interventions to address obesity,” Journal of Public Policy, February 2013. Building on a consensus conference held in April 2011 by the Alberta Policy Coalition for Chronic Disease Prevention, the article’s authors lay out a policy framework for evaluating “the political environment, evidence, issues, and challenges of placing restrictions on the marketing of unhealthy foods and beverages.” In particular, they describe the industry-sponsored Children’s Food and Beverage Advertising Initiative as “insufficient,” noting that in addition to TV advertising, marketers have increasingly adopted new media—“the Internet, adver-gaming, mobile messaging, and viral marketing”—that do not fall under current standards. As a result, the article urges…
Yale University’s Rudd Center for Food Policy and Obesity and the Berkeley Media Studies Group have published a report criticizing top cereal manufacturers for allegedly targeting children with “sophisticated online marketing techniques.” Andrew Cheyne, et al., “Marketing Sugary Cereals to Children in the Digital Age: A Content Analysis of 17 Child-Targeted Websites,” Journal of Health Communication, February 2013. Focusing on 17 branded cereal websites between October 2008 and March 2009, the study’s authors reported that these sites employed a mix of techniques such as “advergames, videos, site registration, and viral marketing” to engage children in “lengthier and more sophisticated” interactions “than are possible with traditional, passive media such as television advertisements or product packaging.” In particular, the study relied on Internet traffic data to allegedly suggest that children spent more time on sites with higher levels of immersion, that is, “the most and most sophisticated techniques.” These high-immersion sites reportedly brought…
Researchers with the University of Amsterdam’s School of Communication Research and Radboud University’s Behavioral Science Institute have published a study examining the effect of advergames on children’s actual food intake. Frans Folkvord, et al., “The effect of playing advergames that promote energy-dense snacks or fruit on actual food intake among children,” American Journal of Clinical Nutrition, February 2013. The study focused on 270 children asked to play an advergame that promoted an energy-dense snack, fruit, or a non-food product, and then monitored “the free intake of energy-dense snacks and fruit.” The study’s authors ultimately reported that “an advergame containing food cues increased general energy intake, regardless of the advertised brand or product type (energy-dense snacks or fruit), and this activity particularly increased the intake of energy-dense snack foods.” They also noted that participants who played the fruit advergame “did not consume more fruit than did those in the other groups,” instead…
A recent study has reportedly identified “a relationship between the percentage of outdoor food advertising and overweight/obesity.” Lenard Lesser, “Outdoor advertising, obesity, and soda consumption: a cross-sectional study,” BMC Public Health, January 2013. Funded by the Robert Wood Johnson Foundation, the study relied on telephone survey data on adults aged 18 to 98 years “collected from 220 census tracts in Los Angeles and Louisiana,” comparing “self-reported information on BMI and soda consumption with a database of directly observed outdoor advertisements.” The results evidently showed that “the higher the percentage of outdoor advertisements promoting food or non-alcoholic beverages within a census tract, the greater the odds of obesity among its residents, controlling for age, race and educational status.” In particular, the study reported that “for every 10% increase in food advertising, there was a 1.05… greater odds of being overweight or obese,” so that “compared to an individual living in areas with no…
The U.K. Advertising Standards Authority (ASA) has upheld a complaint lodged by the Family and Parenting Institute (FPI) against Weetabix Ltd.’s product-branded app, concluding that the “WeetaKid” game, which prompted players to scan QR codes during game-play, “was persuasive and negative, and could lead children to understand that if they did not eat Weetabix they were failing in some way.” Focusing on several online games created by Weetabix, FPI apparently challenged whether (i) the WeetaKid app “exploited the credulity, loyalty, vulnerability or lack of experience of children by making them feel inferior or unpopular for not buying a product”; (ii) the WeetaKid app “included a direct exhortation to children to buy an advertised product”; (iii) advergames “on the Weetos and Nickelodeon websites were obviously identifiable as marketing communications”; and (iv) some of the advergames “advertised Weetos Bars, which would be classified as a product high in fat, salt or sugar (HFSS),…
