The Federal Trade Commission (FTC) has announced a December 15, 2009, public forum titled “Sizing Up Food Marketing and Childhood Obesity,” which will include panels of industry representatives, federal regulators, consumer groups, scientific researchers, and legal scholars. The forum will address (i) the progress of self-regulatory initiatives, particularly the food and entertainment industries’ responses to the 2008 FTC report, “Marketing Foods to Children and Adolescents: A Review of Industry Expenditures, Activities, and Self-Regulation”; (ii) current research on the impact of food advertising on children; and (iii) the statutory and constitutional issues surrounding governmental regulation of food marketing. In addition, representatives from FTC, the Food and Drug Administration, Centers for Disease Control and Prevention, and the Department of Agriculture will report on the status of recommended nutritional standards for foods marketed to children. See FTC Press Release, September 29, 2009.
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Health Canada has advised consumers not to purchase Chaotic Beverages sold under the brand names Mind Strike, Fearocity, Elixir of Tenacity, and Power Pulse “because they are unauthorized products marketed to a vulnerable population (children) with ingredients that may pose a health risk.” According to an agency press release, “The drinks are tied to a trading card game, animated TV series and website,” but contain unknown amounts of caffeine, “several herbs . . . not included in Health Canada’s list of botanicals with a history of safe use in children,” and unacceptably high levels of taurine, niacin and vitamin A. Power Pulse also allegedly contains “chromium picolinate at levels of possible concern in a product taken by children.” Meanwhile, manufacturer and importer U&ME Marketing has reportedly agreed to reformulate its products by removing all the herbs, taurine and niacin. “At the time of the recall, we had been approved by…
U.S. Senator Debbie Stabenow (D-Mich.) has reportedly introduced the Growing Safe Food Act (S. 2758) to “help educate and train farmers and food processors in food safety.” Similar to the FDA Food Safety Modernization Act (S. 510) now stalled in the U.S. House of Representatives, the Growing Safety Food Act would create “a national food safety training, education, extension, outreach and technical assistance program for agricultural producers,” including small and mid-sized farms, food processors and wholesalers. The bill also requests $50 million to administer a competitive grant program, which would assist small and mid-sized businesses in “the areas of handling practices, manufacturing, produce safety standards, risk analysis, sanitation standards, safe packaging, storage, traceability, record-keeping, and food safety audits,” according to a November 10, 2009, press released issued by Stabenow, who penned the legislation after small farmers expressed concern that the Food Safety Modernization Act would impose prohibitive inspection fees and…
A California resident has filed putative class claims against the Kellogg Co., alleging that it falsely advertises its Cocoa Krispies® cereal as a boost to children’s immunity. Kammula v. Kellogg Co., No. 09-08102 (C.D. Cal., filed November 5, 2009). According to the complaint, without the support of any “known clinical study,” Kellogg claims that the cereal “has been improved to include antioxidants and nutrients that your family needs to help them stay healthy.” The plaintiff alleges that this practice was intended “to profit from a growing trend in the manufacturing, advertising, and sales of ‘functional’ foods.” The complaint also alleges that “Defendants fail to adequately disclose that other ingredients, including but not limited to sugar, chocolate, high-fructose corn syrup and/or partially-hydrogenated oils, may not ‘help support’ a child’s immunity.” The named plaintiff seeks to certify a class of California residents who purchased Cocoa Krispies® since November 4, 2005, alleging false…
San Francisco’s city attorney has written to the Kellogg Co. to express “serious concerns about Kellogg’s advertising of sugary children’s breakfast cereals with the claims, ‘Now Helps Support Your Child’s Immunity’ on the front of the package.” The company is apparently promoting its Cocoa Krispies® cereal with this claim. The letter contends that “[t]he Immunity Claims may also mislead parents into believing that serving this sugary cereal will actually boost their child’s immunity, leaving parents less likely to take more productive steps to protect their children’s health.” City Attorney Dennis Herrera also states, “At a time when parents are increasingly worried about the spread of the H1N1 virus (‘swine flu’), it is vitally important that parents receive accurate information about what they can do to protect their children’s health.” He suggests that the company may be violating California’s Unfair Competition Law and that it may be undermining “critical public health efforts…
The Federal Trade Commission (FTC) plans to conduct a study of food marketing to children and adolescents for a follow-up report to its 2008 study titled “Marketing Food to Children and Adolescents: A Review of Industry Expenditures, Activities, and Self-Regulation.” FTC seeks public comments by November 23, 2009, on proposed information requests to approximately 45 major food and beverage companies and quick-service restaurants about their marketing activities, expenditures and nutritional information concerning food and beverage products marketed to children and adolescents. FTC plans to evaluate possible changes in the nutritional content and variety of youth-marketed foods, and “proposes to seek scientific and market research exploring psychological and other factors that may contribute to food advertising appeal among youth.” See Federal Register, September 21, 2009.
The Institute of Medicine (IOM) has published a report titled Local Government Actions to Prevent Childhood Obesity, which advises cities, counties and townships to adopt a variety of health measures likely to directly affect children outside the regular school day. According to IOM, “16.3 percent of children and adolescents between the ages of two and 19 are obese” and “more likely than their lower-weight counterparts to develop hypertension, high cholesterol, and type 2 diabetes when they are young.” The report identifies nine healthy eating strategies focused on improving community and individual access to “healthy, safe and affordable foods”; reducing access to “calorie-dense, nutrient-poor foods”; and raising awareness about childhood obesity prevention. In addition, IOM offers six strategies designed to encourage physical activity, reduce sedentary behavior and stress the importance of sustained exercise. To further these goals, the report urges local policymakers to consider a number of action steps, including: (i) menu labeling…
Jointly sponsored by the Consumer Federation of America and the Grocery Manufacturers Association, the 32nd annual National Food Policy Conference will feature keynote addresses by Agriculture Secretary Tom Vilsack and Food and Drug Administration Commissioner Margaret Hamburg. Scheduled for September 8-9, 2009, in Washington, D.C., the conference will convene speakers representing industry, government, academia, and consumer interest organizations to address food safety and child nutrition, “two issues that have become critical concerns in recent months both domestically and internationally.” Among the scheduled speakers are Margo Wootan, Director of Nutrition Policy for the Center for Science in the Public Interest, and representatives of organic associations, Trust for America’s Health, the National Wildlife Federation, American Academy of Pediatrics, Consumers Union, the U.S. Trade Representative’s office, Food & Water Watch, American Council for Fitness & Nutrition, and The Pew Charitable Trusts. They will discuss pending federal legislation, improving children’s health with better nutrition,…
Cornell Law School Professor Sherry Colb discusses the recent incident involving the removal of a morbidly obese teen from the custody of his mother for child neglect. Colb questions the wisdom of South Carolina’s decision to place the child in the state’s protective custody, suggesting, “the government could spend considerably less money providing [the mother] with healthy food and information about nutrition.” Noting that the mother works long hours at more than one job and relies on fast food to feed her child, Colb points out that she only lacks resources, “not love or concern for her son.” She considers whether the government could take custody of a child with anorexia nervosa and thus, “needlessly add psychological trauma to an already fragile child’s life.” She also considers the typical diet offered in the nation’s school lunch programs, involving high-fat and processed carbohydrates. Colb concludes, “We should not be arresting people…
“Industry critics compare the intent of fast-food companies to that of cigarette makers, who first came under attack for marketing to children decades ago,” writes BusinessWeek’s Douglas MacMillan in this article detailing the efforts of consumer advocacy groups to outlaw food advertising to children. According to MacMillan, “public criticism and mountains of data linking obesity, diabetes and other health problems to the regular consumption of fast food has [sic] caused the industry to rethink its entrenched practice of marketing to kids.” His overview cites the creation of the Children’s Food & Beverage Initiative under the auspices of the Council for Better Business Bureaus (CBBB), which requires signatories to limit their advertising to children and promote food considered healthy by the Food and Drug Administration. This initiative, however, has apparently failed to deter groups like Corporate Accountability International, which has taken up the banner against fast-food companies. “Both the tobacco and fast-food industries…
