An April 21, 2011, New York Times article targets the online marketing techniques allegedly used by food companies “to build deep ties with young consumers,” claiming that “multimedia games, online quizzes and cellphone apps” have become “part of children’s daily digital journeys, often flying under the radar of parents and policy makers.” The Times highlights the efforts of the Campaign for a Commercial-Free Childhood (CCFC) and Yale University’s Rudd Center for Food Policy and Childhood Obesity, which have backed strict regulation in lieu of the current voluntary measures. “Food marketers have tried to reach children since the age of the carnival barker, but they’ve never had so much access to them and never been able to bypass parents so successfully,” said CCFC Director Susan Linn. According to the article, the groups have called for rules similar to those governing children’s TV that require “a buffer between ads and programs so that…
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McDonald’s Corp. has filed a motion to dismiss a putative class action seeking to stop the company from advertising and selling to children its allegedly “unhealthy Happy Meals” with toys. Parham v. McDonald’s Corp., No. 11-00511 (N.D. Cal., motion filed April 18, 2011). Details about the lawsuit appear in Issue 375 of this Update. The company contends that the plaintiff lacks standing to sue under the unfair competition law, Consumer Legal Remedies Act or false advertising law and argues that the complaint is the Center for Science in the Public Interest’s “attempt to distort state consumer protection law beyond recognition” to stop McDonald’s from selling Happy Meals containing toys in California. According to the motion, the plaintiff does not allege physical harm, reliance on the company’s advertising (that is, “Plaintiff does not allege that her own children saw any particular advertisement or made a single purchase from McDonald’s”), or identify…
According to public health lawyer and activist Michele Simon, who recently attended a meeting in Brussels “to address the problem of cross-border marketing of unhealthy food to children,” the same types of issues confronting public health advocates in the United States confront their counterparts in Europe. Regulatory standards are apparently under development, but Simon did not share the details because they are still in draft and the meeting was closed to the public. She did, however, discuss a presentation by an industry representative who apparently outlined voluntary efforts that food and beverage companies have undertaken in Europe to decrease the number of TV ads children are exposed to. Simon questioned the effectiveness of these efforts and industry’s transparency, noting that the messages companies are delivering to children in other ways, such as the Internet, are not apparently being tracked. Simon also provided a summary of the Federal Trade Commission’s update…
New York City Council Member Leroy Comrie (D) has introduced a bill (Int. No. 530) that would ban toy giveaways in restaurant meals deemed high in calories, sodium and fat. Amending the city’s administrative code “in relation to setting nutrition standards for distributing incentive items aimed at children,” the bill mirrors a similar San Francisco measure set to go into effect in December 2011. Comrie’s proposal would require establishments that offer toys with meals to make sure the food contains less than 500 calories, 600 milligrams of sodium and 35 percent of calories from fat. A half cup of fruit or vegetables and one serving of a whole-grain product must be included in the meal. Violators would be subject to fines ranging from $200 to $2,500. “While I recognize that ensuring children have access to, and eat more, nutritious meals is ultimately the responsibility of their caretakers, the City Council…
The American Academy of Pediatrics (AAP) and the Alliance for a Healthier Generation have selected Eric Carle’s The Very Hungry Caterpillar as literary fodder for their anti-obesity campaign, distributing copies of the best-selling children’s book to 17,500 pediatrician offices across the United States. The iconic story follows a caterpillar’s transformation from larva to butterfly while emphasizing the importance of good nutrition, with the insatiable protagonist experiencing a stomachache after binging on chocolate cake, ice cream and other treats. According to a March 8, 2011, press release, doctors will also receive “growth charts and parent handouts that encourage doctors and parents to have meaningful conversations about the importance of healthy eating.” “Parents and doctors both play an enormously important role in ensuring children develop healthy eating habits early on in life,” said President Bill Clinton on behalf of the William J. Clinton Foundation, which founded the Alliance for a Healthier Generation…
The Sisters of St. Francis of Philadelphia, who hold about $2,000 of common stock in McDonald’s Corp., joined by nuns from orders in other states, have reportedly submitted a shareholder proposal seeking a report “within six months of the 2011 annual meeting, assessing the company’s policy responses to public concerns regarding linkages of fast food to childhood obesity, diet-related diseases and other impacts on children’s health.” They also want to know how these public concerns potentially affect “the company’s finances and operations.” The “whereas” clause of the proposal contends that “the contribution of the fast food industry to the global epidemic of childhood obesity and to diet-related disease, such as diabetes, cancer and cardiovascular disease, have become a major public issue,” and cites a number of studies about the incidence and costs of obesity, as well as actions taken by policymakers involving fast food marketing to children and menu-labeling. The…
The Arizona House of Representatives Commerce Committee has reportedly approved a bill (H.B. 2490) that would block cities and counties from enacting laws that would prohibit restaurants, food establishments or convenience stores from offering “consumer incentive items” with meals. Scheduled to go before the House for a full vote, the law identifies the items as “any licensed media character, toy, game, trading card, contest, point accumulation, club membership, admission ticket, token, code or password for digital access, coupon, voucher, incentive, crayons, coloring placemats or other premium or prize or consumer product.” Telling a news source that “government needs to stay out of the way of free enterprise,” Representative Jim Weiers (R-Glendale) challenged arguments that toy giveaways tied with high-fat, high-calorie meals contributed to childhood obesity. “Ask the parents who are supposed to be ultimately responsible,” he said. But House Minority Leader Chad Campbell (D-Phoenix) asserted that the issue should be…
The parties to obesity-related litigation, brought on behalf of several teenagers against fast-food giant McDonald’s Corp. in 2002, have filed a stipulation of voluntary dismissal with prejudice. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., stipulation filed February 25, 2011). The action followed entry of an order in December 2010 scheduling pretrial discovery and motions filing and briefing for the individual claims remaining in this putative class action. A court refused to certify the action as a class in October. Pelman was closely watched by industry and consumer advocates as it made several trips before the Second Circuit Court of Appeals that ultimately narrowed the issues for trial. It was expected to be groundbreaking litigation that would allow access to industry documents which plaintiffs’ interests believed could be used to bring a flood of litigation against companies they blame for the nation’s increasing incidence of obesity. The experience of litigators opposing…
A scientific literature review has reportedly warned against routine energy drink use, claiming that these beverages have been associated with reported “serious adverse events, especially in children, adolescents, and young adults with seizures, diabetes, cardiac abnormalities, or mood and behavioral disorders or those who take certain medications.” Sara Seifert, et al., “Health Effects of Energy Drinks on Children, Adolescents, and Young Adults,” Pediatrics, February 2011. Using PubMed and Google resources “to identify articles related to energy drinks,” researchers apparently estimated that energy drinks “are consumed by 30% to 50% of adolescents and young adults,” and raised concerns about the effects on those with cardiovascular conditions, ADHD, eating disorders, and diabetes. “Energy drinks have no therapeutic benefit, and both the known and unknown pharmacology of various ingredients, combined with reports of toxicity, suggest that these drinks may put some children at risk for serious adverse health effects,” reported the reviewers, who…
A recent study has claimed that, “among formula-fed infants or infants weaned before the age of 4 months, introduction of solid foods before the age of 4 months was associated with increased odds of obesity at age 3 years.” Susanna Huh, et al., “Timing of Solid Food Introduction and Risk of Obesity in Preschool-Aged Children,” Pediatrics, February 2011. Harvard researchers apparently followed 847 children enrolled in a pre-birth cohort study known as Project Vida, using “separate logistic regression models for infants who were breastfed for at least 4 months (‘breastfed’) and infants who were never breastfed or stopped breastfeeding before the age of four months (‘formula-fed’), adjusting for child and maternal characteristics.” The study findings apparently indicated that, among the formula-fed infants only, “introduction of solid foods before 4 months was associated with a six-fold increase in odds of obesity at age 3 years.” “One possible reason why we saw…
