The best of EcoWatch, right in your inbox. Sign up for our email newsletter!
Should the First Amendment Protect the Marketing of Junk Foods to Kids?
By Marion Nestle
For some time now, I’ve been arguing that legal scholars ought to be challenging the contention of food corporations that the First Amendment gives them the right to market foods any way they like, even to kids.
I simply cannot believe that the founding fathers of the U.S. intended the First Amendment for this purpose.
In December 2010, I urged public interest lawyers to examine current food marketing practices in the light of the First Amendment. I am pleased to see that they are now doing so.
Samantha Graff of the National Policy & Legal Analysis Network to Prevent Childhood Obesity (NPLAN) forwards two co-authored articles published this month:
Health Affairs: Government Can Regulate Food Advertising to Children Because Cognitive Research Shows It Is Inherently Misleading, by Samantha Graff, Dale Kunkel, and Seth E. Mermin.
The childhood obesity crisis has prompted repeated calls for government action to curb the marketing of unhealthy food to children. Food and entertainment industry groups have asserted that the First Amendment prohibits such regulation.
However, case law establishes that the First Amendment does not protect “inherently misleading” commercial speech. Cognitive research indicates that young children cannot effectively recognize the persuasive intent of advertising or apply the critical evaluation required to comprehend commercial messages.
Given this combination—that government can prohibit “inherently misleading” advertising and that children cannot adequately understand commercial messages—advertising to children younger than age twelve should be considered beyond the scope of constitutional protection.
American Journal of Public Health: Protecting Young People from Junk Food Advertising: Implications of Psychological Research for First Amendment Law, by Jennifer L. Harris and Samantha K. Graff.
In the United States, one third of children and adolescents are overweight or obese, yet food and beverage companies continue to target them with advertising for products that contribute to this obesity crisis.
When government restrictions on such advertising are proposed, the constitutional commercial speech doctrine is often invoked as a barrier to action. We explore incongruities between the legal justifications for the commercial speech doctrine and the psychological research on how food advertising affects young people.
These papers are a great start to the conversation, as was a previous contribution from these authors: A Legal Primer for the Obesity Prevention Movemen, American Journal of Public Health, 2009.
First Amendment scholars—weigh in, please.
And while pondering these questions, take a look at Raj Patel’s piece in The Atlantic, Abolish the food industry. In his view, the First Amendment issue is a no brainer:
I side with the American Psychological Association in thinking that advertising to children is unconscionable. Rather than dwell on the First Amendment issue, which strikes me as an easy case to make, I think it’s worth addressing a deeper question underlying the San Francisco cigarette-in-pharmacy ban—Why allow an industry that profits from the sale of unhealthy food at all?
For more information, click here.
EcoWatch Daily Newsletter
georgeclerk / E+ / Getty Images
By Jennifer Molidor
One million species are at risk of extinction from human activity, warns a recent study by scientists with the United Nations. We need to cut greenhouse gas pollution across all sectors to avoid catastrophic climate change — and we need to do it fast, said the Intergovernmental Panel on Climate Change.
This research should serve as a rallying cry for polluting industries to make major changes now. Yet the agriculture industry continues to lag behind.
"The Ministry of Environment, Natural Resources Conservation and Tourism wishes to inform the public that following extensive consultations with all stakeholders, the Government of Botswana has taken a decision to lift the hunting suspension," the government announced in a press release shared on social media.
Company Safety Data Sheets on New Chemicals Frequently Lack the Worker Protections EPA Claims They Include
By Richard Denison
Readers of this blog know how concerned EDF is over the Trump EPA's approval of many dozens of new chemicals based on its mere "expectation" that workers across supply chains will always employ personal protective equipment (PPE) just because it is recommended in the manufacturer's non-binding safety data sheet (SDS).
By Grant Smith
From 2009 to 2012, Gregory Jaczko was chairman of the Nuclear Regulatory Commission, which approves nuclear power plant designs and sets safety standards for plants. But he now says that nuclear power is too dangerous and expensive — and not part of the answer to the climate crisis.
By Brett Walton
When Greg Wetherbee sat in front of the microscope recently, he was looking for fragments of metals or coal, particles that might indicate the source of airborne nitrogen pollution in Rocky Mountain National Park. What caught his eye, though, were the plastics.
In a big victory for animals, Prada has announced that it's ending its use of fur! It joins Coach, Jean Paul Gaultier, Giorgio Armani, Versace, Ralph Lauren, Vivienne Westwood, Michael Kors, Donna Karan and many others PETA has pushed toward a ban.
This is a victory more than a decade in the making. PETA and our international affiliates have crashed Prada's catwalks with anti-fur signs, held eye-catching demonstrations all around the world, and sent the company loads of information about the fur industry. In 2018, actor and animal rights advocate Pamela Anderson sent a letter on PETA's behalf urging Miuccia Prada to commit to leaving fur out of all future collections, and the iconic designer has finally listened.
If people in three European countries want to fight the climate crisis, they need to chill out more.
"The rapid pace of labour-saving technology brings into focus the possibility of a shorter working week for all, if deployed properly," Autonomy Director Will Stronge said, The Guardian reported. "However, while automation shows that less work is technically possible, the urgent pressures on the environment and on our available carbon budget show that reducing the working week is in fact necessary."
The report found that if the economies of Germany, Sweden and the UK maintain their current levels of carbon intensity and productivity, they would need to switch to a six, 12 and nine hour work week respectively if they wanted keep the rise in global temperatures to the below two degrees Celsius promised by the Paris agreement, The Independent reported.
The study based its conclusions on data from the UN and the OECD (Organisation for Economic Co-operation and Development) on greenhouse gas emissions per industry in all three countries.
The report comes as the group Momentum called on the UK's Labour Party to endorse a four-day work week.
"We welcome this attempt by Autonomy to grapple with the very real changes society will need to make in order to live within the limits of the planet," Emma Williams of the Four Day Week campaign said in a statement reported by The Independent. "In addition to improved well-being, enhanced gender equality and increased productivity, addressing climate change is another compelling reason we should all be working less."
Supporters of the idea linked it to calls in the U.S. and Europe for a Green New Deal that would decarbonize the economy while promoting equality and well-being.
"This new paper from Autonomy is a thought experiment that should give policymakers, activists and campaigners more ballast to make the case that a Green New Deal is absolutely necessary," Common Wealth think tank Director Mat Lawrence told The Independent. "The link between working time and GHG (greenhouse gas) emissions has been proved by a number of studies. Using OECD data and relating it to our carbon budget, Autonomy have taken the step to show what that link means in terms of our working weeks."
Stronge also linked his report to calls for a Green New Deal.
"Becoming a green, sustainable society will require a number of strategies – a shorter working week being just one of them," he said, according to The Guardian. "This paper and the other nascent research in the field should give us plenty of food for thought when we consider how urgent a Green New Deal is and what it should look like."
- Reduced Work Hours as a Means of Slowing Climate Change ›
- How working less could solve all our problems. Really. | ›
- Needed: A shorter work week – People's World ›