Television food marketing to children revisited: The federal trade commission has the constitutional and statutory authority to regulate

Research output: Contribution to journalArticle

Abstract

The evidence reveals that young children are targeted by food and beverage advertisers but are unable to comprehend the commercial context and persuasive intent of marketing. Although the First Amendment protects commercial speech, it does not protect deceptive and misleading speech for profit. Marketing directed at children may fall into this category of unprotected speech. Further, children do not have the same First Amendment right to receive speech as adults. For the first time since the Federal Trade Commission's original attempt to regulate marketing to children in the 1970s (termed KidVid), the political, scientific, and legal climate coalesce to make the time well-suited to reevaluate the FTC's authority for action. This paper analyzes the constitutional authority for the FTC to regulate television food marketing directed at children as deceptive in light of the most robust public health evidence on the subject.

Original languageEnglish (US)
Pages (from-to)98-116
Number of pages19
JournalJournal of Law, Medicine and Ethics
Volume38
Issue number1
DOIs
StatePublished - Mar 2010

ASJC Scopus subject areas

  • Issues, ethics and legal aspects
  • Health Policy

Fingerprint Dive into the research topics of 'Television food marketing to children revisited: The federal trade commission has the constitutional and statutory authority to regulate'. Together they form a unique fingerprint.

  • Cite this