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A recent study has reportedly claimed that “nationally representative surveys of food intake in U.S. children show large increases in snacking between the 1989-91 to 1994-98 and 1994-98 to 2003-06 periods.” Carmen Piernas and Barry Popkin, “Trends in Snacking Among U.S. Children,” Health Affairs, March 2010. Researchers apparently examined the responses of 31,337 children ages 2 to 18 who participated in four federal food surveys, concluding that this population’s average dietary intake has risen by 113 calories per day. In addition, the study reports, “Childhood snacking trends are moving toward three snacks per day, and more than 27 percent of children’s daily calories are coming from snacks. The researchers further noted that while “desserts and sweetened beverages remain the major sources of calories from snacks,” calories from salty snack foods more than doubled between 1977 and 2006. “Our findings suggest that children ages 2–18 are experiencing important increases in snacking…

Yale University’s Rudd Center for Food Policy and Obesity has published a study alleging that the “number of products with youth-oriented cross-promotions increased by 78 percent” between 2006 and 2008. Jennifer Harris, et al., “Marketing foods to children and adolescents: licensed characters and other promotions on packaged foods in the supermarket,” Public Health Nutrition, March 2010. After examining 397 products gathered on three separate occasions from one large U.S. supermarket, researchers reported that (i) “71% of cross-promotions involved third-party licensed characters”; (ii) “57% appealed primarily to children under 12 years of age”; (iii) “the use of other forms of promotion increased from 5% of the total in 2006 to 53% in 2008”; and (iv) “promotions targeting pre-school and general audiences increased from 23% to 54% of the total.” In addition, they wrote, “Only 18% of products met accepted nutrition standards for foods sold to youth, and nutritional quality declined during…

A putative class action has been filed in a Washington state court by plaintiffs claiming that L’il Critters Omega-3 Gummy Fish® are deceptively marketed as products that will “Promote Healthy Brain Function” in children. Aust v. NW Natural Prods., Inc., No. 10-07949 (Wash. Super. Ct., King Cty., filed February 23, 2010). In fall 2009, the Federal Trade Commission (FTC) warned the defendant that its claims may violate federal false advertising laws, and the company modified its marketing materials. Additional information about the FTC’s actions on products with omega-3 related claims appears in issue 338 of this Update. Seeking to represent a class of all Washington residents who have purchased the company’s omega-3 gummy fish products, the plaintiffs allege violations of Washington’s consumer protection act, breach of warranties, conversion and unjust enrichment. They seek a class certification order, a declaration that the company’s conduct was unlawful, actual damages, statutory damages including treble…

The Senate Committee on Health, Education, Labor, and Pensions conducted a hearing March 4, 2010, to address childhood obesity. Among those testifying was U.S. Surgeon General Regina Benjamin, who provided an overview of the “epidemic,” examples of successful individual and community interventions and recent federal initiatives to “help Americans achieve optimal health.” She claimed that keeping pregnancy weight gain within recommended limits and breastfeeding exclusively for the first six months after birth have been shown to prevent childhood obesity. Benjamin also called for changing social and physical environments to support families in making healthy choices. Among the changes she recommended were increasing exposure and access to healthy affordable foods and making physical activity opportunities more accessible. Others testifying during the hearing included a Pittsburgh Steelers running back and a representative of the Robert Woods Johnson (RWJ) Foundation Center to Prevent Childhood Obesity. The foundation sponsored a Health Affairs briefing on childhood…

The American Academy of Pediatrics (AAP) has issued a policy statement calling for warning labels on foods that pose a high risk of choking. The medical organization has identified hot dogs as “the food most commonly associated with fatal choking among children,” as well as other high-risk foods that include “hard candy, peanuts/ nuts, seeds, whole grapes, raw carrots, apples, popcorn, chunks of peanut butter, marshmallows, chewing gum, and sausages.” According to a February 22, 2010, press release, the policy contains “recommendations for government agencies, manufacturers, parents, teachers, child care workers and health care professionals to help prevent choking among children.” In addition to the warning labels, AAP has urged these groups to consider strategies for (i) recalling food products that pose a significant choking hazard, (ii) establishing “a nationwide food-related choking-incident surveillance and reporting system,” (iii) designing new food and redesigning existing food to minimize choking risk, and (iv)…

The Global Organization for EPA and DHA Omega-3 Fatty Acids (GOED) has apparently sought clarification from the Federal Trade Commission (FTC) about the letters sent to 11 companies that promote omega-3 fatty acid supplements as a benefit for children’s visual and mental development. According to GOED, FTC was not clear about whether it was concerned with claims on products containing short-chain omega-3 fatty acid (ALA) or long-chain omega-3 fatty acids (EPA and DHA). The organization also questioned FTC about the types of scientific studies that would be required to substantiate the claims. FTC reportedly told GOED that “claims about an effect (e.g. brain development) need to be substantiated by science on that effect (e.g. brain development)” and that the scientific evidence in support of a claim must be based on research conducted in the age specified in the claim. “That is, if the claim is specific to toddlers two years and…

The Federal Trade Commission (FTC) recently announced that it had sent warning letters to 11 companies that promote omega-3 fatty acid dietary supplements. The letters indicated that the companies should review their product labeling and packaging claims, as well as product advertising, to ensure that the claims are adequately substantiated. The commission’s issuance of these letters is significant because of the FTC’s action to regulate dietary supplement labeling claims, an area that has for nearly four decades been regulated by the Food and Drug Administration (FDA). Commission Takes Aim at Ad Links Between Omega 3 and Children’s Visual and Mental Development According to a February 16, 2010, press release, [FN 1] the FTC’s Division of Advertising Practices in January sent warning letters to 11 companies that promote supplement products containing omega-3 fatty acids intended for use by children ages 2 years and older. The letters reference an investigation the FTC conducted…

This article claims that recent efforts to monitor and regulate marketing to children has had “an interesting side effect,” that is, a shift away from traditional tactics to “games, contests and events where the advertiser has only a subtle presence— exactly the opposite of what some of the advocacy groups were aiming for.” According to New York Times journalist Stephanie Clifford, children’s publications have increasingly sought to integrate corporate sponsorships with contests and features that emphasize their content. “Instead of just a straight selling of product, it’s all about how we tell the message in the magazine and how we engage with the kids,” stated one spokesperson for National Geographic Kids, which reported a decline in ad revenue “largely because of the economy but in part because of heightened concern about food advertising.” “But these kinds of strategies, created in part to sidestep advocates’ criticisms, are upsetting them all the…

“Children are being paid up to £25 a week to promote sugary soft drinks and other products through social networking sites and playground chat,” claims a February 15, 2010, report published in the Daily Mail. Titled “Child ‘Mini-Marketers’ Paid by Junk Food Firms to Secretly Push Products Among Their Friends,” the article focuses on an advertising website, Dubit Insider, that offers vouchers worth £25 and free samples to children who sign on to become “brand ambassadors.” The Daily Mail alleges that this website recruits children ages 7 to 24 to “promote brands, products and services” among their peer group, suggesting that Dubit members can use their experience to enhance their college applications. “Companies are not just stalking kids online,” one consumer advocate was quoted as saying. “Close on half a million young people in the UK alone have been enlisted by big youth brands, and that’s the figure from just one…

Calling it one of the most urgent health issues facing the nation, the White House has initiated efforts to solve the problem of childhood obesity within a generation. President Barack Obama (D) has signed a Presidential Memorandum which creates a Task Force on Childhood Obesity that includes Cabinet members and is charged with developing within 90 days a “comprehensive interagency plan” that “builds on effective strategies, engages families and communities, and mobilizes both public and private sector resources.” The Obama administration will also reportedly ask Congress to improve childhood nutrition by banning sugary snacks and drinks from school vending machines and requiring schools to offer healthier alternatives. Agriculture Secretary Tom Vilsack told a news source that the administration will seek the changes when the Childhood Nutrition Act is overhauled later this year. See The Associated Press, February 8, 2010. First lady Michelle Obama will also take up the matter and…

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