Legal Update
May 5, 2011
Agencies Develop Proposed Principles on Food Marketing to Children
On April 28, 2011, a working group of the Federal Trade Commission (FTC), the Food and Drug Administration (FDA), the Centers for Disease Control (CDC), and the United States Department of Agriculture (USDA), released for public comment proposed voluntary principles to guide food marketing aimed at children. In response to the growing childhood obesity epidemic, former Senator Sam Brownback and Senator Tom Harkin led congress in directing the agencies to jointly develop the proposed principles.
The interagency working group, composed of nutrition, health, and marketing experts, has developed two main principles that apply to food marketing aimed at children between the ages of 2 and 17. The first principle is that food marketed to children should provide “a meaningful contribution to a healthful diet.” To that end, food groups such as fruits, vegetables, whole grains, fish, and beans will be promoted. The second principle is that foods marketed to children should be formulated to minimize nutrients with a negative impact on health and weight, i.e. saturated fat, trans fat, added sugar, and sodium. The interagency working group proposes that industry strive to meet these two proposed principles by the year 2016, with an additional goal to further reduce sodium by the year 2021.
One in three children in the United States is overweight or obese. The agencies believe the proposed principles will help food and beverage companies promote healthier foods to children, which in turn will help children lose weight and live healthier lives. The focus of the proposed principles is foods that are most heavily marketed to children, including breakfast cereals, fruit juices, restaurant foods, and carbonated beverages.
Industry has 45 days to comment, either in writing by June 13, 2011, or in person at a forum being held on Tuesday, May 24, 2011 in Washington D.C. The CDC, FDA, and USDA will consider comments pertaining to the proposed nutrition principles, and the FTC will consider comments pertaining to the marketing aspects of the recommended principles. The proposed principles do not call for government regulation of food marketing.
To view the Proposed Principles, click here.
For more information, please contact the Seyfarth attorney with whom you work, or any Environmental, Safety and Toxic Torts attorney on our website.
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