Food Advertising and Childhood Obesity: A Call to Action for Proactive Solutions

32 Pages Posted: 2 Aug 2011

See all articles by Roseann B. Termini

Roseann B. Termini

Widener University Delaware Law School

Thomas A. Roberto

Widener University Delaware Law School

Shelby G. Hostetter

Widener University Delaware Law School

Date Written: August 1, 2011

Abstract

Unquestionably, advertising has been recognized as a form of commercial speech entitled to constitutional protection. Yet the debate rages on as to the legality and impact of food advertising directed at children. As the rate of obesity continues to escalate in the United States, children are increasingly becoming victims of health complications attributable to weight gain. The percentage of children labeled obese or overweight has risen steadily over the past decade with no sign of a decrease in sight. Although research has not proven a definitive link between food advertisements and childhood obesity, current research indicates a strong correlation between what children view in the media and their dietary habits.

Pediatricians and child development experts have theorized that food advertising contributes to childhood obesity in the following ways: (1) Time spent using media detracts from time that could be spent engaged in physical activity; (2) Food advertisements on television encourage children to make unhealthy food choices; (3) Cross-promotion of food products and television and movie characters encourages children to acquire and consume low-nutrient, high-calorie foods; and (4) Children snack excessively while accessing various forms of media and eat less healthy when watching television specifically. While none of these theories have been proven to cause childhood obesity, the available evidence overwhelmingly suggests a causal relationship exists between food advertisements and a child’s overall nutritional awareness.

Several solutions remain available to counteract this influence, including (1) a ban on fast food advertising on television; (2) government regulation of food advertisements directed at children; (3) elimination of food advertising as an ordinary business expense that reduces taxable corporate income; and (4) parental education and involvement. Although there is no guarantee that any or all of these solutions would definitively lead to positive changes in children’s eating habits, the startling figures on consumption in relation to the viewing of food advertisements indicate that some form of government regulation is critical.

Keywords: obesity, children, advertising, food and drug law

JEL Classification: K32, K23

Suggested Citation

Termini, Roseann B. and Roberto, Thomas A. and Hostetter, Shelby G., Food Advertising and Childhood Obesity: A Call to Action for Proactive Solutions (August 1, 2011). Minnesota Journal of Law, Science & Technology, Vol. 12, No. 2, pp. 619-651, 2011, Available at SSRN: https://ssrn.com/abstract=1901640

Roseann B. Termini (Contact Author)

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Thomas A. Roberto

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Shelby G. Hostetter

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

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