Policy Options to Regulate Food Marketing at the Local Level

Young people are inundated with advertisements for unhealthy food and beverages (hereinafter food) in the many venues they encounter on a daily basis, including on television, the internet, billboards, cell phones, and in school and retail establishments. The Supreme Court has interpreted the First Amendment to protect commercial speech, including marketing, and this is a barrier to restricting marketing to youth to the extent necessary to protect public health. The federal agencies in charge of regulating advertising have been reluctant to enact regulations to protect youth on the television and internet due to First Amendment concerns. However, there are alternative methods to restrict food marketing at the community level. Policy options include regulating the location of food items within retail establishments, and restricting marketing on and directly around school campuses and school buses. Other legal solutions include contractual and licensing agreements with cellular telephone providers and retail establishments. This presentation will explain the First Amendment protection for food marketing and provide policy options that can be enacted at the local level to protect youth.