Marketing Food to Children and Adolescents - Federal Trade ...

Marketing Food to Children and Adolescents
“better for you” products, as compared to their “traditional” products. See, e.g., David Jones, Food Makers
Look to Health as Downturn Defense, Reuters, Mar. 20, 2008.
109. This labeling is different from the FDA-mandated “Nutrition Facts” panel, which appears on most food and
beverage product labels and which provides consumers with specific nutritional information per serving of
the product, such as total calories, fat, cholesterol, and sodium, as well as certain vitamins, minerals, and
other nutrients. FDA currently is considering whether to amend some regulations relating to the Nutrition
Facts panel to give more prominence to the disclosure of calories; to revise its approach to serving size; to
add or delete certain nutrients from the panel; and to modify its calculation of the percent daily value. See
Food Labeling; Prominence of Calories, 70 Fed. Reg. 17,008 (proposed Apr. 4, 2005) (to be codified at 21
C.F.R. pt. 101); Food Labeling: Serving Sizes of Products That Can Reasonably Be Consumed At One
Eating Occasion; Updating of Reference Amounts Customarily Consumed; Approaches for Recommending
Smaller Portion Sizes, 70 Fed. Reg. 17,010 (proposed Apr. 4, 2005) (to be codified at 21 C.F.R. pt. 101);
Food Labeling: Revision of Reference Values and Mandatory Nutrients, 72 Fed. Reg. 62,149
(proposed Nov. 2, 2007) (to be codified at 21 C.F.R. pt. 101).
110. One other company uses a “Pediatrician Recommended” logo on a juice product. The product contains
100% juice, diluted with water, which contains less sugar than undiluted juice, plus 100% vitamin C and no
artificial sweeteners. The logo apparently is not used on any other products the company markets.
111. PepsiCo launched its Smart Spot program in 2004, Kraft introduced the Sensible Solutions labeling program
in early 2005, and McKee introduced its Snack Smart icon in July 2005. Unilever’s Eat Smart / Drink Smart
logo system appears to have been in place at least as of 2006.
112. For example, PepsiCo claims that its icon is “the symbol of smart choices made easy,” providing “a quick
way to be sure that the products you’re choosing are contributing to a healthier lifestyle.” See PepsiCo, The
Smart Spot, www.smartspot.com/about (last visited July 10, 2008).
113. See id.
114. For example, the product may contain 10% or more of the Daily Value of Vitamin A, C, or E, calcium, magnesium,
potassium, iron, protein or fiber, or may comprise at least a half-serving of fruit or vegetable. A
“functional benefit” may include heart health. See Kraft Foods, Sensible Solution Nutrition Criteria,
http://kraftfoods.com/kf/HealthyLiving/SensibleSolution/NutritionCriteria.htm#generalcriteria (last visited
July 10, 2008).
115. See id.
116. Specific nutrient limits and other requirements vary by food products category, such as beverage, food, or
snack. These specifics are set forth at PepsiCo, The Smart Spot, www.smartspot.com/about (last visited July
10, 2008).
117. See 2007 Forum Transcript at 50-51 (presentation by Lance Friedmann, Kraft Foods).
118. See also Jones, supra note 108 (reporting growth in sales of “better for you” products among several major
companies).
119. See American Heart Association, What Certification Means, www.americanheart.org/presenter.
jhtml?identifier=4973 (last visited July 10, 2008). In addition, effective January 1, 2008, new products must
contain less than 0.5 grams trans fat per serving. Id.
120. This logo was developed in connection with the Fruit & Veggies – More Matters health initiative administered
by the Produce for Better Health Foundation. All fresh fruits and vegetables qualify for this seal, as do
canned fruits in water and certain processed fruits and vegetables meeting specified criteria. See Produce for
Better Health Foundation, Products Promotable, www.pbhfoundation.org/retail/nutritionmktg/prodpromo.php
for details (last visited July 10, 2008).
121. See The Whole Grains Council, Whole Grain Stamp, www.wholegrainscouncil.org/whole-grain-stamp
(last visited July 10, 2008).
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