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

Assessment of Food Company Health Initiatives and Recommendations
Under the terms of the Initiative, the pledges apply to advertising on television and radio, in
print, and on the Internet, including company-owned and third-party websites. 100 Some company
pledges go beyond this requirement to apply to all advertising directed to children, but most are
limited to what the Initiative requires. In addition, the Initiative’s requirement that companies
reduce their use of licensed characters 101 does not extend to the use of such characters on product
packaging. 102 The product placement principle, as defined in the Initiative’s Program Document,
prohibits companies from “paying for or actively seeking” placement in content directed to
children, but does not prohibit them from approving or accepting a “free” offer to place their
products in such media. 103
The Initiative’s Program Document does not define what constitutes “advertising directed to
children under 12,” and the standards set forth in the pledges vary. For example, one company’s
criteria for television include any program for which more than 25% of the audience consists of
children under 12. Other companies use 30% or 35% as a threshold, and still others use 50%.
Some companies also consider a variety of other factors in determining whether the advertising
is directed to children, including whether the program is specifically targeted to or designed to
appeal primarily to children, the time of the program, and the program content.
Criteria for what constitutes a “healthy dietary choice” product also vary by company. 104
The criteria generally involve limitations on calories, fat, sugar, and sodium, and/or the inclusion
of certain nutrients deemed beneficial for children. For example, the QSR companies’ standards
for kids’ meals contain limits on both total calories and calories derived from fat, as well as the
amount of sugar contained in a kids’ meal. One packaged food company has adopted criteria
limiting total calories and sugar, and requiring that the product either qualify as “healthy”
pursuant to a Food and Drug Administration (FDA) standard or provide various nutritional
benefits, such as a half-serving of whole grains or fruits. Some companies that offer multiple
lines of products, such as soups, snack crackers, and canned pasta, have adopted different criteria
for each product line. Thus, although each company has specific guidelines for what constitutes
“healthy dietary choices” that may be marketed to children, these standards are not uniform.
In addition, participating companies are implementing their pledges on different schedules.
Some pledges were effective immediately upon approval by the CBBB in 2007 or shortly
thereafter, while other companies committed to full implementation by early 2008 or the end of
2008. Two companies have pledges of limited duration, but are expected to submit supplemental
pledges prior to the expiration dates.
The Initiative reflects substantial cooperative effort by food marketers and the CBBB, and
it has an important role to play in the effort to address childhood obesity. The Commission
63