Customer Support: 800-526-4902
 
Home > Legal Library > Article




Join Matindale-Hubbell Connected


Clinton, FTC Target Childhood Obesity




by:
Reed Smith LLP - Pittsburgh Office

 
June 3, 2005

Previously published on June 1, 2005

One of America's most famous snackers, former President Bill Clinton, has announced a wide-ranging 10-year initiative to combat childhood obesity.

Clinton, who has said he was overweight as a child, became concerned about the issue following his heart surgery in the fall of last year. He has joined with Arkansas Gov. Mike Huckabee, who once tipped the scale at 280 pounds, and wrote a book about his successful efforts to lose more than 100 pounds.

The Arkansas duo are the latest public officials to weigh in on an issue that has landed with a thud on the plates of those who market food products to children.

Also in May, the Federal Trade Commission made good on its promise to hold a workshop addressing childhood obesity and industry self-regulation, officially announcing dates for the workshop, July 14 and 15, and inviting public comment by June 9.

The workshop is being held jointly with the U.S. Department of Health and Human Services, and the agencies are seeking comment on:

  • Food and beverage marketing to children
  • Research on the impact of marketing on children's health
  • Industry self-regulatory programs and efforts
  • Company marketing initiatives
  • Public education efforts

The Clinton-Huckabee campaign, which is being supported by the American Heart Association and the William J. Clinton Foundation, is a broad-based effort to reach out to the food and restaurant industry, schools and community groups, and the media. Messrs. Clinton and Huckabee noted their initiative includes working with the food and restaurant industry to develop marketing and promotion strategies for healthier lifestyles.

In March, Sen. Tom Harkin (D-Iowa) dramatically announced that he would seek legislation to expand the FTC's authority to regulate advertising aimed at children, at the same time displaying a tableful of food products he found to be objectionable. Sen. Harkin has the backing of high-powered politicians that include Sens. Joe Lieberman (D-Conn.) and Rick Santorum (R-Pa.).

Those also speaking out recently on the issue include the other Clinton, Sen. Hilary Clinton, who has asked the food industry to develop voluntary guidelines on advertising to children.

Overseas, European Union health and consumer affairs commissioner Markos Kyprianou reportedly has given the food industry in Europe a year to voluntarily cease advertising so-called "junk" food to children and improve product labeling, or face legislation.

The food industry is mobilizing to respond to the fervor.

A new coalition, the Alliance for American Advertising, has been formed to protect First Amendment advertising rights, as well as to promote self-regulatory efforts. [Link: ABR, Feb. 7, 2005, publication date] The self-regulatory body, Children's Advertising Review Unit (CARU), has announced it will put more emphasis on health diets in its review of ads.

Some companies are declaring initiatives of their own. For example, Kraft announced this year that it will voluntarily begin phasing out advertisements aimed at children featuring products that don't meet new nutritional standards set by the company.

Why This Matters: The issue of childhood obesity is increasingly being spotlighted, and some have called for a ban on food advertising to children. This issue may seem old-hat to those who remember the FTC's failure to issue such a ban 25 years ago. However, that is no reason for complacency. Proposed bans on advertising for the purpose of protecting children will always have political legs; advertisers need to continue to push for self-regulatory solutions, while defending First Amendment assaults.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

View More Library Documents By...

 
Practice Area
 
Family Law
Health Care
 
Reed Smith LLP Overview


 

Practice Area Resource Centers
Visit our Practice Area Resource Centers to view practice area specific content compiled from a variety of legal sources. Find related articles, podcasts, industry leader insights and much more. We currently offer the following Practice Areas: Litigation; Intellectual Property; Real Estate; Corporate Law; Criminal Law; Bankruptcy; Immigration; Business Law; Insurance; Taxation; Labor & Employment; Commercial Law; Medical Malpractice; Trusts & Estates; Securities; International Law ; Health Care; Environmental Law; Construction Law; Workers' Compensation