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

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93<br />

Endnotes<br />

122. This labeling currently appears on all packages of Big G ready-<strong>to</strong>-eat cereals, <strong>and</strong> will appear on all cereals<br />

by December 2008. See 2007 Forum Transcript at 70. Previously, the company used a different labeling system<br />

called the “Goodness Corner.”<br />

123. Kellogg’s previously has used a “Best <strong>to</strong> You” banner in the <strong>to</strong>p right corner of its cereals <strong>to</strong> convey nutrition<br />

information such as “good source of fiber” or “low fat” but is replacing that banner with “Nutrition at a<br />

Glance” on ready-<strong>to</strong>-eat cereals.<br />

124. For example, an icon might indicate “25% of daily grains” or “30% of daily vegetables.” The labeling will<br />

appear only on products containing a meaningful amount of at least one key food group. See Chris Jones,<br />

ConAgra Launches ‘Easier’ Version of MyPyramid Nutrition Labeling Scheme, <strong>Food</strong> Naviga<strong>to</strong>r.com USA,<br />

Feb. 21, 2008, www.foodnaviga<strong>to</strong>r-usa.com/news/ng.asp?id=83446 (last visited July 10, 2008). ConAgra<br />

has stated that the labels will appear on more than 700 different products. See id.<br />

125. One company that uses nutrition information labeling has expressed the concern that consumers may interpret<br />

“better for you” icons as license <strong>to</strong> eat all they want of that product, <strong>and</strong> that some of the products bearing<br />

such icons may, in fact, have little nutritional benefit. See 2007 Forum Transcript at 69-70 (presentation<br />

by Christina L. Shea, General Mills).<br />

126. The company does make nutrition information about its products available in others ways that consumers can<br />

access before purchase, including in s<strong>to</strong>res, <strong>and</strong> online in the form of icons <strong>and</strong> bar charts, although not on its<br />

menu boards.<br />

127. Five categories are excepted: bottled water, alcoholic beverages, coffee, tea, <strong>and</strong> spices. See Hannaford,<br />

What is Guiding Stars?, www.hannaford.com/Contents/Healthy_Living/Guiding_Stars/index.shtml (last<br />

visited July 10, 2008). The stars earned by a product (if any) are displayed on the shelves with the product’s<br />

price information. See Anne Underwood, Three-Star Snacks in Aisle Five, Newsweek, Nov. 12, 2007, at 20.<br />

128. The specific criteria are not publicly available but are based on USDA’s nutrient database <strong>and</strong> guidelines. See<br />

Hannaford, FAQs, www.hannaford.com/Contents/Healthy_Living/Guiding_Stars/faqs.shtml (last visited July<br />

10, 2008); Chain Uses Stars <strong>to</strong> Rate <strong>Food</strong> for Nutrition, Associated Press, Sept. 7, 2006, available at<br />

www.msnbc.msn.com/id/14715344/.<br />

129. See Matthew Shulman, Nutritional Labeling Gets More Sophisticated; Supermarkets Are Deploying New<br />

Nutrition-Rating Systems <strong>to</strong> Help Shoppers Decide What Goes in the Cart, U.S. News & World Rep., Mar.<br />

14, 2008, available at http://health.usnews.com/articles/health/living-well-usn/2008/03/14/nutritional-labeling-gets-more-sophisticated.html.<br />

130. See id.<br />

131. Research conducted by some companies suggests that package claims highlighting the nutritional attributes<br />

of the product – such as “100 calories,” “whole grain cereals,” <strong>and</strong> “zero grams trans fats” – are more effective<br />

with adults than teenagers. In a similar vein, research by one beverage company suggested that diet soft<br />

drinks are not popular with teenagers, in part because diet sodas are associated with dieting.<br />

132. Competitive foods are items offered for sale in schools outside of the School (Reimbursable) Meal Program<br />

or entrees sold as part of the a la carte program. Examples include snacks, desserts, <strong>and</strong> side items available<br />

in vending machines, a la carte lines, school s<strong>to</strong>res, <strong>and</strong> through fundraisers. See Alliance for a Healthier<br />

Generation, School Snack <strong>Food</strong>s, www.healthiergeneration.org/companies.aspx?id=1546&ekmensel=1ef024<br />

51_40_118_btnlink (last visited July 10, 2008).<br />

133. The Committee recommended generally that any foods made available “should consist of nutritious fruits,<br />

vegetables, whole grains, <strong>and</strong> nonfat or low-fat milk <strong>and</strong> dairy products, consistent with the 2005 Dietary<br />

Guidelines for Americans. . . .” Institute of Medicine of the National Academies, Report Brief: Nutrition<br />

St<strong>and</strong>ards for <strong>Food</strong>s in Schools: Leading the Way Toward Healthier Youth 1-2 (2007). The st<strong>and</strong>ards for<br />

foods include limitations on <strong>to</strong>tal calories, calories from fat, calories from saturated fat, trans fat, calories<br />

from sugar, <strong>and</strong> sodium. Beverages would be limited <strong>to</strong> plain water (without flavoring, additives, or carbon-

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