by Marion Nestle

Currently browsing posts about: Nutrition-standards

Jul 14 2011

Last chance to comment on proposed kids’ food marketing standards

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!

 

 

 

Jul 1 2011

How Washington gives marketing to kids a free pass

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.

 

 

Apr 28 2011

At last FTC releases principles of food marketing to kids

The FTC released its long-awaited principles for food marketing to children today.  These are proposed principles, scheduled to apply to marketing to children age 2 to 17, to go into effect by 2016.  The principles are now open for comment.

Principle A: Foods marketed to children must make a meaningful contribution to healthful diets, and contain at least one of these food groups:
• fruit
• vegetable
• whole grain
• fat-free or low-fat (1%) milk products
• fish
• extra lean meat or poultry
• eggs
• nuts and seeds
• beans
Principle B is that the foods should minimize intake of nutrients that could have a negative impact on health or weight.  The key standards are:
• Saturated Fat: 1 g or less per serving and 15% or less of calories
• Trans Fat: 0 g per serving
• Added Sugars: No more than 13 g of added sugars per serving
• Sodium: No more than 210 mg per serving
I thought the original proposals were far too generous.  But the only difference between these proposals and those proposed a year or so ago is a slight increase in sodium from 200 mg to 210 per serving.  I can only assume that this  difference is just enough to include a lot of junk foods that would otherwise be excluded by these principles.

 

Recall the history:  In 2009, Congress specified that an interagency group was to set up standards for identifying foods that should not be marketed to children and to publish them by July 15, 2010.   That group came up with a set of recommendations similar to these but more complicated.

The July 15 date came and went, as I explained in a previous post.  Why?  Rumors were that food industry opposition got in the way.  As reporter Melanie Warner pointed out, weak as they may appear, the proposed standards would exclude a great many highly profitable food products.  William Neuman provided a detailed account of why the FTC wasn’t budging on this in the New York Times.  And the Colbert Report had some fun with the FTC’s delay.The food industry has consistently opposed giving the FTC more authority over marketing of foods and supplements.

 

What are we to make of this? In the light of this history, the FTC must be congratulated for its courage in overcoming food industry opposition.  The principles are supposed to apply to all forms of media, print and electronic.  If so, the food industry will have a much harder time marketing foods to kids.  That’s great news.

But here’s what I’m still concerned about:
  • The principles are voluntary. Nobody has to follow them.
  • Who is going to hold food companies accountable for following the guidelines?
  • Why do food companies get until 2016 to implement them?  Five years?
Can’t we do any better?  Of course, given my druthers, food companies would not be allowed to market directly to children at all.


Update, April 29: According to Advertising Age, the food and advertising industries are unhappy with the FTC proposals:
If companies were to comply with these proposals, the restrictions are sufficiently onerous that they would basically block a substantial amount of advertising.