Examining the legal authority of state attorneys general to limit digital food marketing to children

We are in the midst of a great shift in food marketing tactics that has moved away from traditional media and point-of-purchase approaches and toward inter-related multi-platform and often immersive tactics directed at children that potentially violate state laws or point to gaps requiring enhanced regulatory oversight.

Investigators: a) reviewed relevant state law provisions in 10 states to understand whether they were amenable to action taken by state attorneys general to address digital food marketing that targets children; b) examined specific tactics and campaigns; and c) reviewed industry literature anticipating how these tactics may expand in the near future.

Preliminary findings have focused on ascertaining the potential for interventions by state legal authorities to address: 1) peer-to-peer children's digital marketing campaigns and 2) potentially deceptive gaming and contest promotions targeting children using a digital platform. Such tactics are frequently used to encourage sales of obesogenic products to children.

While the scope of authority for attorneys general vary by state and some state present legal obstacles (e.g., preemption), the findings suggest a need for state attorneys general who are concerned about stopping unfair and deceptive digital marketing tactics targeting children to collaborate in order to leverage the legal and investigatory tools at their disposal to encourage marketers to discontinue these practices.