Current Regulation of Advertising
Industry self-regulation on advertising food to children is ineffective at protecting children but is cited repeatedly by the industry to argue that outside regulation is not necessary.
The Federal Trade Commission (FTC) is the agency charged with regulating unfair or deceptive advertising. In 1978, the FTC published a Notice of Proposed Rulemaking on the regulation of children's advertising on television. There were three alternative actions: 1) Ban TV advertisements to children 6 and under; 2) Ban TV advertisements for the most cavity-promoting foods to children 12 and under; and 3) Require TV advertisements for sugared products directed at older children to include nutritional or health disclosures. Extensive hearings took place but no changes were made and under heavy pressure from the food industry, Congress later stripped the FTC of some powers and in so doing specifically prohibited the agency from regulating children’s advertising.
In 1974, the advertising industry created the Children’s Advertising Review Unit (CARU), intended to provide voluntary industry self-regulation and perhaps to deflect criticism by advocates who continued to call for legislative restrictions. CARU’s jurisdiction extends to all advertising directed at children 12 and under. Their guidelines emphasize the protection of children in relation to cognitive development and ability to understand the basic mechanisms of advertising such as sales pressure, program character endorsements, and product claims, but do not address the nutritional content of advertised foods.
A recent industry White Paper detailing CARU’s history and self-regulatory actions related to food advertising concluded that CARU’s current guidelines adequately address food advertising to children. Child advocates argue otherwise, so where rests the truth? The proof is in the science – children’s food advertising is massive, has a negative impact on nutrition, and is contributing to obesity. Industry self-regulation on children’s food advertising is ineffective at protecting children but is used repeatedly by the industry to argue that outside regulation is not necessary.
Government and medical communities are investigating the link between food advertising and childhood obesity. At Congressional request, the Institute of Medicine (IOM) reviewed the scientific evidence on how food marketing affects children's diets and issued a report in late 2005 entitled "Food Marketing to Children and Youth." (The report is available here.) Within this report, the IOM's Committee outlined a strategic national plan to address food marketing with specific actions for schools, communities, and the food and advertising industries.
The Department of Health and Human Services (HHS) and the FTC followed the IOM’s recommendation to hold a national conference aimed at developing more effective advertising guidelines. The workshop “Perspectives on Marketing, Self-Regulations, and Childhood Obesity” featured panelists spanning the spectrum of stakeholders. Videocasts, transcripts, power point presentations, and submitted comments of workshop panelists and participants are available on the FTC website.