Recent Research on Marketing of Food and Beverages. Kelly D. Brownell Yale University

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1 Recent Research on Marketing of Food and Beverages Kelly D. Brownell Yale University

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3 Our children didn t do this to themselves. Our kids didn t decide to make food products with tons of sugar and sodium and supersized portions and to have these products marketed to them everywhere they turn. -- Michelle Obama Let s Move Kickoff,

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5 Key Questions How much is there? Who is being targeted? What is the impact? Is industry self-regulation working? Who are the change agents?

6 RWJF $100 million/yr vs. Child Marketing January 4!

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9 Most Advertised Cereals to Children

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11 Fast Food Marketing Average teen sees 5 ads per day Average preschooler sees > 1000 ads/yr 12 of 3039 kids meals meet IOM standards Unhealthy defaults in restaurants African American children see 50% more ads There is more, not less marketing

12 The Research Literature Massive amounts More venues Nearly all for nutrient-poor, energy-dense foods Harmful effects are clear Increasingly global & difficult to regulate Harris, Pomeranz, Lobstein, Brownell Annual Review of Public Health, 2009

13 Released Dec, 2005 Called for evaluation of industry changes in 2 yr 5 years later scant progress (Kraak, Story, Wartella)

14 Government at all levels should marshal the full range of public policy levers to foster the development and promotion of healthful diets for children and youth.

15 A Key Question Does industry self-regulation have any chance of success?

16 Fewer sugared beverages in schools Clinton Foundation/AHA/Alliance Children s Food & Bev Advertising Initiative Council of Better Business Bureaus Character licensing Nickelodeon and Disney Smart Choices Many companies & American Society of Nutrition Healthy Weight Commitment Many companies

17 Amer J Public Health 2010, 100,

18 Self-Regulatory History In Various Industries Declining Reputation, Products Questioned Alcohol Tobacco Products Fine, Depleted Resources Forestry Marine Fisheries

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20 Self-Regulation Examples Good Idea Success Failure School Beverages CFBAI (marketing) Smart Choices (labeling)?? Beverage calorie labels??

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22 Gaming the Self-Regulation System Lax definition of healthy Lax definition of children s media Good canceling out bad

23 A Reasonable Default Industry & public health interests differ Industry protects status quo Industry fights or preempts government action Has Self-Regulation Worked? No What Does This Mean for Government? It must regulate industry behavior

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25 An Arresting Reality Marketing Must Change

26 What Can Be Done? Who Are The Change Agents?

27 The Legal Basis For Taking Action Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. - The First Amendment

28 A Key Distinction: Speech Vs. Conduct speech or conduct? Pomeranz JL. "Government Regulations to Address Poor Nutrition Related Behaviors in Children: A Strategy to Withstand First Amendment Scrutiny. Report to Robert Wood Johnson Foundation funded through National Policy and Legal Analysis Network to Prevent Childhood Obesity (NPLAN) 2009.

29 What Can The Federal Government Do? Propose voluntary standards Helpful only if there is a real threat of regulation Regulation (e.g., FTC & privacy) Legislate opportunities e.g., jurisdiction over the internet barriers First Amendment

30 What Can State And Local Officials Do? Regulate sales practices Regulate outdoor marketing Commercial free schools State Attorneys General

31 State Attorneys General Consumer protection laws Pomeranz & Brownell, "Advancing Public Health Obesity Policy Through State Attorneys General American Journal of Public Health, in press

32 Smart Choices Case Study

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34 Key Dates Critical NY Times article Conn. Atty General Investigation FDA Call Smart Choices Closed Down Sept 4, 2009 Oct 14, 2009 Oct 20, 2009 Oct 23, 2009

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36 Conclusions Marketing in an overwhelming bad influence It circumvents cognitive defenses It circumvents parental authority First Amendment barriers not insurmountable Industry self-regulation has failed Government has many options

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