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The Australian Food and Grocery Council (AFGC) recently released a Responsible Children’s Marketing Initiative in response to “community concerns about food and beverage advertising during children’s television programs.” AFGC developed the initiative after the Australian Communications and Media Authority (ACMA) published its draft Children’s Television Standards 2008, which did not recommend further government regulation of food and beverage advertising. In agreement with these preliminary findings, AFGC nevertheless stated that industry “is still keen to address community concerns regarding advertising to children.” The initiative covers advertising on free-to-air television, pay television and the Internet; the use of licensed characters; and promotions in children’s publications. Companies that publicly commit to the program must institute an action plan focused on six core areas: (i) advertising messaging; (ii) the use of popular personalities and licensed characters; (iii) product placement; (iv) the use of products in interactive games; (v) advertising in schools; and (vi) the…

The Physicians Committee for Responsible Medicine’s (PCRM) Cancer Project has filed a petition with the USDA asking the agency to prohibit processed meats from school cafeteria menus. The initiative follows an advertising campaign warning about the purported cancer risks of processed meat consumption. Further details about the campaign appear in issue 277 of this Update. PCRM advocates a vegetarian diet and opposes animal research. See PCRM Press Release, October 9, 2008; meatingplace.com, October 13, 2008.

New York attorney Samuel Hirsch has filed lawsuits against fast food companies on behalf of two classes of plaintiffs who are allegedly obese and have developed diabetes, coronary heart disease, high blood pressure, elevated cholesterol intake, and other adverse health effects from consuming defendants’ products. Barber v. McDonald’s Corp., No. 23145/2002 (N.Y., Super. Ct., filed July 24, 2002); Pelman v. McDonald’s Corp., No. 24809/2002 (N.Y. Super. Ct., filed August 22, 2002). The cases involve a class of adult plaintiffs and a class of children. The complaints are being brought on theories of (i) unfair and deceptive practices, (ii) failure to warn, and (iii) negligence in selling products high in fat, salt, sugar, and cholesterol, and in marketing to children, in marketing addictive products, and in enticing plaintiffs to consume larger portions in “value meals” and “meal combos.” According to news sources, the named adult plaintiff, Caesar Barber, 56, did not realize that consumption…

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