During a recent Senate committee hearing on consumer privacy, Federal Trade Commission (FTC) Chair Jon Leibowitz described “aggressive” efforts the agency has undertaken to protect children’s online privacy. He referred to actions taken over the past decade against website operators that collected information from children without parental consent, as required by federal law. Among the companies that agreed to pay fines and change their practices were Hershey Foods Corp., Mrs. Fields Famous Brands, Inc. and American Pop Corn Co., which allegedly failed to comply with the law when engaging children in online games and birthday-related activities. Leibowitz also noted that FTC plans to release a report later this year reflecting input from a number of stakeholder roundtables on privacy protection in an environment of new technologies and business models. According to Leibowitz, the commission is now conducting a comprehensive review of its parental notice rule “in light of changing technology,…
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The Federal Trade Commission (FTC) has announced a settlement with Nestlé HealthCare Nutrition, Inc., which the agency contends has deceptively marketed a children’s drink, BOOST Kid Essentials®, as a product clinically shown to reduce illness in children by strengthening the immune system and helping them recover more quickly from diarrhea. The beverage, intended for children ages 1 to 13, contains probiotics embedded in a straw that was “prominently featured in ads for the product.” According to the FTC, the company has agreed to stop making health-related claims about cold or flu viruses “unless the claim is approved by the Food and Drug Administration.” The company has also agreed to cease making claims about diarrhea and reduced absences from day care or school “unless the representation is non-misleading and, at the time of making such representation, the [company] possesses and relies upon competent and reliable scientific evidence that substantiates that the…
Yale University’s Rudd Center for Food Policy and Obesity has published a study purportedly showing that children “significantly preferred” snack foods branded with popular cartoon characters. Christina Roberto, et al., “Influence of Licensed Characters on Children’s Taste and Snack Preferences,” Pediatrics, June 2010. Researchers apparently asked 40 children between 4 and 6 years old to sample three identical pairs of graham crackers, gummy fruit snacks and carrots “presented either with or without popular cartoon characters on the package.” The children described whether the two items in each pair tasted the same or whether one tasted better, and then selected “which of the food items they would prefer to eat for a snack.” The results purportedly indicated that participants not only preferred the taste of the branded foods, but that the majority “selected the food item with a licensed character on it for their snack.” The influence of cartoon characters also…
The Center for Science in the Public Interest (CSPI) has notified McDonald’s Corp. that it intends to sue the company within 30 days if it does not immediately stop using toys to market its Happy Meals® to young children. The letter characterizes the practice as “illegal, because marketing to kids under eight is (1) inherently deceptive, because young kids are not developmentally advanced enough to understand the persuasive intent of marketing; and (2) unfair to parents, because marketing to children undermines parental authority and interferes with their ability to raise healthy children.” The June 22, 2010, letter claims that McDonald’s has violated the consumer protection laws of California, Massachusetts, New Jersey, Texas, and the District of Columbia. According to CSPI, each of the 24 Happy Meals® food combinations is 26 percent higher on average in calories than a reasonable lunch and contains more saturated fat, sodium and sugar than a…
The Federal Trade Commission (FTC) last week announced that Kellogg Co. has agreed to resolve an “investigation into questionable immunity-related claims for Rice Krispies cereal.” The agreement reopens a prior order involving Kellogg’s® Frosted Mini-Wheats®; the FTC will now require “substantiation for all health claims for any food” based on “competent and reliable scientific evidence,” defined as “tests, analyses, research, or studies that have been conducted and evaluated in an objective manner by qualified persons and are generally accepted in the profession to yield accurate and reliable results.” According to the concurring statement of Commissioner Julie Brill and FTC Chair Jon Leibowitz, the company was “developing its questionable Rice Krispies campaign last year [while] it was simultaneously negotiating with the FTC to resolve earlier allegations that the company had deceptively marketed Frosted Mini-Wheats as improving children’s attentiveness.” The concurring statement also notes, “What is particularly disconcerting to us is that at…
Mexican health officials have reportedly unveiled stringent guidelines that would prohibit the sale of processed or fried foods on school grounds. According to media sources, the regulations would ban soft drinks and other sugar-sweetened beverages along with more traditional fare such as meat tortas, tamarind candy and atole, unless they were reformulated to meet nutritional guidelines. The school vendors and cooperatives that often function in lieu of cafeterias would be limited to serving low-calorie food and beverages such as bottled water, low-fat milk and 100 percent fruit juices. Meanwhile, Secretary of Public Education Alonso Lujambio has also pledged to incentivize healthier fare at the food stalls outside schools at closing time. If approved by the Federal Regulatory Improvement Commission, the rules will take effect for 220,000 public and private schools in August 2010. See The Guardian, Secretaría de Salud Press Release and The Associated Press, May 27, 2010.
The Federal Trade Commission (FTC) has announced its intention to issue compulsory process orders to 48 food and beverage manufacturers, distributors, marketers, and quick service restaurant companies for information on their marketing activities and expenditures targeted toward children and adolescents. FTC also seeks nutritional information about the companies’ food and beverage products marketed to children and adolescents in calendar years 2006 and 2009 “to evaluate possible changes in the nutritional content and variety of youth-marketed foods.” The plan follows FTC’s July 2008 report that analyzed expenditures and promotional activities related to food and food products targeted toward children and adolescents in 2006. FTC wants to use the new data to study how industry allocates promotional activities and expenditures among various media and for different food products and to evaluate the impact of self-regulatory efforts on the nutritional profiles of foods marketed to children and adolescents. Based on the calendar year…
Tufts University Professor Alice Lichtenstein and Harvard Medical School Professor David Ludwig team up in this commentary to advocate bringing back home economics to school classrooms as a way to combat the country’s childhood obesity epidemic. “Instruction in basic food preparation and meal planning skills needs to be part of any long-term solution,” they write. The authors welcome better food and beverage choices in schools and communities, but assert that those choices will have limited effect “if children do not have the ability to make better choices in the outside-school world,” which they will inhabit for the majority of their lives. “If children are raised to feel uncomfortable in the kitchen, they will be at a disadvantage for life.” They opine that unlike home economics classes of the 1960s, new food education classes should be open to both genders. “Girls and boys should be taught the basic principles they will need…
Authored by the director of legal initiatives at the Rudd Center for Food Policy and Obesity at Yale University, this article purports to demonstrate that food and beverage advertising to children is deceptive and misleading speech and therefore not protected under the First Amendment. According to the author, because this speech is not protected, the Federal Trade Commission (FTC) has the authority to restrict the industry’s marketing to youth. The article discusses scientific studies about the effects of advertising on children and analyzes court opinions addressing First Amendment and commercial speech issues. The author then contends, “If children under a certain age cannot understand that the communication is intended to persuade them, then this is a deceptive and misleading way to propose a commercial transaction to them. Because the marketing messages cannot be presented in a way in which they could understand the intent of advertising due to their limited cognitive…
Human Rights Watch has issued a report titled “Fields of Peril: Child Labor in US Agriculture” that describes the working conditions facing the nation’s youngest field laborers and calls for changes to federal employment and environmental laws to provide them with greater protections. According to the report, child farmworkers as young as age 12 often work for 10 or more hours per day, five to seven days a week. Some begin working part-time at ages 6 or 7. Many of the labor law protections for other youth workers apparently do not apply to agricultural workers, and Human Rights Watch reportedly found that many children earn far less than minimum wage, particularly when they are paid for production rather than by the hour and when their employers charge them for tools, gloves and drinking water. They also have higher rates of dropping out of school and experience higher numbers of fatalities…
