Currently browsing posts about: Marketing to kids

Sometimes when I hear rumors that I can’t corroborate, I keep fingers crossed that they aren’t true.  Here’s one.

Rumors say that the White House has caved in to food, beverage and advertising lobbying groups on the nutrition standards for food marketing to children developed by the Interagency Working Group (IWG).

Recall: the IWG’s members—the FDA, FTC, USDA, and CDC–produced recommendations for nutrition standards for marketing foods to kids (see previous posts).

The food and beverage industries think that if the standards are adopted, they will have to abide by them, thereby losing sales.  They do not want restrictions on how, when, and where they advertise their products to kids.

Rumors say that the FTC—the agency that regulates food advertising—is being pressed by the White House to back off.

Rumors say the FTC is withdrawing the proposedstandards for teens except for some in-school marketing, and that the FTC’s explanation is that  “to be successful in this endeavor food companies must be given leeway to shape an approach that will promote children’s health, without being overly burdensome on industry….”

Could the House Energy and Commerce Committee’s  October 12 hearings on the standards have anything to do wth this?   Or the tough memo prepared by committee staff in preparation for the hearing?  The staff memo raises highly critical questions about the FTC and the IWG report.

The proposed standards, please recall, are voluntary.  And I didn’t think they were all that restrictive (see previous post).

But if the rumors are true, even this administration can’t do anything to limit  food marketing to kids and we are right back where we were in 1979, the last time the FTC tried to do so.

Please say it isn’t so.

Addition 1: FTC has now posted its prepared testimony: “As a result of the many comments we received from various stakeholders…the Working Group is in the midst of making significant revisions to its preliminary proposal. The anticipated revisions go a long way to address industry’s concerns.”

It gets worse:

The Commission staff believes that this approach resolves many of the flashpoints that generated strongest industry concern.

For instance, FTC staff has determined that, with the exception of certain in-school marketing activities, it is not necessary to encompass adolescents ages 12 to 17 within the scope of covered marketing….In addition, the FTC staff believes that philanthropic activities, charitable events, community programs, entertainment and sporting events, and theme parks are, for the most part, directed to families or the general community and do not warrant inclusion with more specifically child-directed marketing.

Moreover, it would be counterproductive to discourage food company sponsorship of these activities to the extent that many benefit children’s health by promoting physical activity.

Finally, the Commission staff does not contemplate recommending that food companies change the trade dress elements of their packaging or remove brand equity characters from food products that don’t meet nutrition recommendations.

Addition 2:  Margo Wootan of CSPI provides a copy of her written testimony for the IWG .

Addition 3: Here’s the written statement of Dale Kunkel of the University of Arizona.

Addition 4, October 11:  Adweek headlines its story on this fiasco, “Ronald McDonald, Toucan Sam to get pardon from feds?”

Video: Today, the Oakland-based Prevention Institute released it’s new 2- minute, everything-you-need-to- know video: We’re Not Buying It: Stop Junk Food Marketing to Kids.  Use it!

Commentary: David Britt and Lori Dorfman have a terrific editorial in The Hill today on why everyone needs to support the government’s proposed voluntary nutrition standards for food marketing to kids.

Newsletter: And I’ve only just discovered the UK-based International Association for the Study of Obesity (IASO)’s weekly news briefing on articles and events in  food marketing to children.

Here is just a sample from last week and this week.  I’ve mentioned some of these in previous posts but it’s great to have them collected in one place:

UK: BBC radio programme on marketing junk food to kids

US: consumer laws can be invoked to protect children from junk food marketing

US: Toys turn healthy foods into ‘happy meals’  for more  click here

India: Ban ki-moon calls upon kids’ processed food makers to act with integrity

US: Packaging gets US high schoolers to pick carrots over cookies

UK: Government rejects calls for ban on junk-food advertising

UK: Alcohol giant set to ‘target children’ through Facebook

Fight about the role of soft drinks at the ADA

Australia: Hungry Jacks to put broccoli on fast food menu

Coca-Cola to invest $3bn in Russia, 2012-2015

Australia: food federation accuses consumer group of promoting unhealthy foods – and uses traffic light criteria to back their argument

US ‘spends $ billions subsidising junk food products’  to view full report Click here

Scientists support the administration’s Inter-Agency Working Group on food marketed to children Click here to view

Some 75 health and marketing experts from the nation’s universities call on President Obama not to abandon the Federal Trade Commission-led nutrition guidelines that would recommend strict limits for marketing foods to children. Click here to view details

I was fascinated by the story in yesterday’s New York Times about the problem schools are having as they try to replace the junk foods in vending machines with healthier options.

Students, it seems, prefer to buy the junk foods.

The Times photo says it all:

What are these machines doing in schools at all?

Schools didn’t used to have vending machines.  Somehow kids managed to survive for a few hours not eating between meals.

If schools must have vending machines—a highly debatable point—how about making everything in them be something you’d like your kid to be eating?

Just a thought.

Here are some of the latest reports on how food marketing influences eating patterns and obesity.

American University’s Kogod School of Business publishes a business magazine, Kogod Now.  It latest CoverStory takes a tough look at at how targeted marketing of foods and beverages contributes to the obesity crisis, especially among minority children and adolescents.

Cornell University’s Pierre Chandon and Brian Wansink ask the question, “is food marketing making us fat?”  Their review of the research leads them to conclude that a “small steps” approach ought to help reverse obesity.   Recent analyses, however, suggest that reversing overweight is likely to take a lot more than small steps, but it’s worth reading what they have to say about marketing practices.

Two reports from Canada indicate that industry self regulation has little effect on actual food industry marketing practices.  Instead, banning the marketing of junk foods, as has been accomplished in Quebec, works somewhat better.

The American Academy of Pediatrics takes a look at how television watching affects obesity in children.  If kids watch a lot of TV–and they have a TV set in their bedrooms—they are at high risk of becoming obese.  The obvious conclusion?  Get rid of the TV!

It is heartening that so much of the research on obesity these days focuses on changing the food marketing environment.  Now if policymakers would just pay some attention!

I’ve just gotten an urgent plea from Margo Wootan at the Center for Science in the Public Interest (CSPI).

Please encourage everyone to write to President Obama, First Lady Michelle Obama, and federal agencies to support the nutrition standards for marketing foods to kids.

As I’ve discussed previously, these were created jointly by the Interagency Working Group (IWG) of four federal agencies—CDC, FDA, FTC, and USDA.

Under intense pressure from the food and entertainment industries and their friends in Congress, the IWG’s proposed guidelines—voluntary, no less—are in danger of being withdrawn.

Doing that might help corporate health but would do nothing for public health.

CSPI organized 75 researchers (including me) to send a letter to the President urging support of the voluntary guidelines and expressing dismay at the campaign of disinformation aimed at getting them withdrawn.

Junk-food advertisers, in the guise of the Sensible Food Policy Coalition, have attacked the voluntary guidelines as an assault on the First Amendment, a point debunked by top Constitutional experts, and claimed that adopting the voluntary guidelines would result in job losses, based on a flimsy industry “study.”

….It would be a real setback for children’s health if the Administration backed down on strong guidelines for food marketing to children, especially given the transparently specious arguments of junk-food advertisers….Denying the science on food marketing and childhood obesity is like denying the science on global warming or evolution.

But the food industry is dug in on this one.  For example, a reader sent me this letter from Tom Forsythe, Vice President, Corporate Communications, General Mills (excerpts follow with my comments in brackets):

Your email notes that we have lobbied against the Interagency Working Group (IWG) proposal.  That is correct.  We have serious concerns about the IWG proposal.

Our most advertised product is cereal – and we stand behind it.   Cereal is one of the healthiest breakfast choices you can make….If it is a General Mills cereal, it will also be a good or excellent source of whole grains.

Childhood obesity is a serious issue – and General Mills wants to be part of the solution.  But if the issue is obesity, cereal should perhaps be advertised more, not less.

…You can be assured than food and beverage companies have studied every letter, comma and period in the proposal.  We know what it says, and what it does not.

For example, we know that 88 of the 100 most commonly consumed foods and beverages could not be marketed under the IWG guidelines.  The list of “banned” items under the guidelines would include essentially all cereals, salads, whole wheat bread, yogurt, canned vegetables, and a host of other items universally recognized as healthy [Note: I’m not at all sure this is true–MN].

Despite the characterizations used to advance them, the IWG guidelines would not be voluntary, in our view.  The IWG guidelines are advanced by two of the agencies most responsible for regulating the food industry, as well as the agency most responsible for regulating advertising.  Ignoring their “voluntary guidance” would not be an option for most companies.

Regulation has already been threatened (even demanded) should companies choose not to comply – and litigation would inevitably follow.

The IWG guidelines also conflict with most existing government programs and definitions relative to food.  For example, many products that meet the U.S. Food and Drug Administration’s current definition of “healthy” could not be advertised under the IWG guidelines [It would be interesting to see examples].

Many products included in the U.S. Department of Agriculture’s Supplemental Nutrition Assistance Program fail the IWG standards, as do most products encouraged and subsidized under the USDA’s Women, Infants and Children Feeding Program (WIC) [If so, this is a sad commentary on what we encourage low-income mothers and children to eat].

Finally, your email suggests companies should focus on providing feedback via public comment.  We agree.  We have reviewed every detail of the IWG proposal – and we remain opposed, as our public comment explains.

My interpretation: if food companies are this upset, the guidelines must be pretty good.

Companies have the right to sell whatever they like.  But they should not have the right to market it as healthy or to kids.

Tell the IWG you support their guidelines.  Tell the White House to protect the guidelines.  Now, please.

A few days ago I noted that an evaluation of food companies’ efforts to promote healthy diets to children came to gentle conclusions.  It praised the industry for what I thought were minimal actions.

No so says the Grocery Manufacturers Association (GMA), an industry trade group.  According to FoodNavigator, the GMA sent out an e-mailed press release saying:

The health and wellness of our consumers has always been a top priority, and we have significantly accelerated our effort to help consumers build healthier lifestyles in recent years.

…When it comes to responsible marketing practices, GMA and its member companies have taken the lead in voluntarily adopting and adhering to strict advertising criteria.

…The industry has extended its nutrition standards for marketing to children to include social media, mobile device advertising and video games.

Voluntary restrictions on food and beverage advertising are another important example of how our industry is doing its part….”

Hello?  The GMA’s statements are precisely why the restrictions need to be mandatory.

Today is the last day to comment on the federal Interagency Working Group’s (IWG) proposed nutrition standards for marketing food products to kids.  The IWG is a joint project of four federal agencies with at least some responsibility for public health: FTC, FDA, USDA, and CDC.

As I discussed back in April, I thought the IWG standards were generous and gave food companies plenty of room to market junk foods with impunity.  Maybe, but that’s not how food companies see it.  They think it will cause so much havoc with their marketing that they are fighting back, big time.

Large food companies joined together to create the “Sensible Food Policy Coalition.”  This entity paid for an economic assessment.  On July 8, the Coalition released Global Insight’s report of this assessment—a call to arms arguing that the “administration’s misguided ad restrictions would cost 74,000 American jobs.”

The report’s point is that restricting advertising would have unintended economic consequences, particularly losses in sales and revenues, and therefore jobs.  The report estimates an astonishing loss of $28.3 billion from manufacturing and retail sales, just in the first year, translating to “at least 74,000 lost jobs.”

This makes me think that the standards may have some merit.  Campbell Soup, for example, has just announced that because its low-salt soups aren’t selling, they are putting the salt back in.  Oh.

In any case, industry pushback seems to be having an effect.  As I discussed in my post a week or so ago, David Vladeck of the FTC used his blog to discuss industry mythology about the proposed standards.  I thought his statement backpedaled on even a hint of federal regulation of food marketing to kids.

MYTH #2: The Working Group’s proposal is regulation by the back door

….This is a report to Congress, not a rulemaking proceeding, so there’s no proposed government regulation. In fact, the FTC Act explicitly forbids the Commission from issuing a rule restricting food advertising to children. So the FTC couldn’t issue a rule on this subject if it wanted to, which it doesn’t. Simply put, a report like this can’t be a rule — whether it’s delivered to Congress by the front door, the back door, or the kitchen door.

The IWG is collecting comments on its proposals through close of business today.  If you need a rationale for filing a comment, read Larry Cohen’s piece in the Huffington Post.

Comments don’t have to be long or complicated.  Just say what you think.

Go to this site to file them.

Or go to the PreventObesity site for additional suggestions.

Do this today!

The saddest thing I’ve read in ages is the FTC’s rebuttal to industry charges that it is trying to regulate food marketing to kids.  Not so, says FTC Bureau of Consumer Protection head David Vladeck:

The preliminary voluntary principles proposed in April by the Interagency Working Group on Food Marketed to Children have got people talking about kids, advertising, and nutrition…Here’s my take on some of the myths that have been percolating about the proposed principles.

MYTH #1:  The FTC plans to sue companies that don’t adopt the Working Group’s proposed nutrition principles.

Not so.  The Working Group’s job is to submit a report to Congress.  That’s all.  That’s what Congress told the group to do.  A report to Congress by an interagency working group provides no basis for law enforcement action by the FTC or by any of the other agencies participating in the Group.

MYTH #2:  The Working Group’s proposal is regulation by the back door.

Second verse, same as the first.  This is a report to Congress, not a rulemaking proceeding, so there’s no proposed government regulation….the FTC couldn’t issue a rule on this subject if it wanted to, which it doesn’t.  Simply put, a report like this can’t be a rule — whether it’s delivered to Congress by the front door, the back door, or the kitchen door.

And so it goes through ten more of the same.

Alas, food companies are not going to self-regulate themselves out of marketing to kids because they will lose sales if they do.

That’s why some government regulation would be helpful.  Isn’t government supposed to promote public health and rein in industry excesses when necessary?

Additional point: You still have time to submit comments.  Send them to the FTC by July 14 through this link.  Organizations that wish to sign on to the Food Marketing Workgroup’s letter should email Bethany Hanna Pokress bpokress@cspinet.org by Monday, July 11.