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?
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According to the UN Environment Program, up to 5 trillion single-use plastic bags are used globally each year, and because of the material they're made from, most municipal recycling centers don't accept them (more on this below).
The most sustainable option is to skip the bag altogether. You can also make your own reusable produce bags out of old T-shirts. But if you'd rather purchase them new, here are our recommendations for the best reusable produce bags on the market today.
Eco Joy<p>If you're making the switch to more sustainable shopping bags and want a variety of products to use, the <a href="https://www.amazon.com/Reusable-Sandwich-Biodegradable-Eco-Drawstring/dp/B003PK4W3I/ref=sr_1_36?crid=3TDUCB8ZOM7WI&dchild=1&keywords=produce+bags+grocery+reusable&qid=1613484643&sprefix=produce+bags%2Caps%2C189&sr=8-36" target="_blank">Eco Joy Cotton Reusable Produce Bags</a> set is a great place to start. The set comes with three mesh drawstring bags, three muslin drawstring bags, a large mesh tote and a zippered sandwich-size pouch.</p><p>Each product is made with organic, non-GMO cotton that's ethically sourced in accordance with Worldwide Responsible Accredited Production (WRAP) standards. The cotton comes from India and Turkey, and the bags are hand-assembled in Canada by the owner of Eco Joy, so you can feel good about supporting a small business while reducing your environmental impact.</p><p><strong>Customer rating:</strong> 4.7 out of 5 stars with over 300 Amazon reviews</p><p><strong>Why buy: </strong>Zero-waste; Handmade in Canada; WRAP compliant; Machine washable</p>
Organic Cotton Mart<p>Some shoppers prefer to use mesh bags when shopping for fruits and veggies. We recommend checking out <a href="https://www.amazon.com/Best-Reusable-Produce-Organic-Cotton/dp/B07CK2TJKL/ref=sr_1_16?crid=10A7NM0LQ0B7E&dchild=1&keywords=mesh+produce+bags&qid=1613483897&s=home-garden&sprefix=mesh+pro%2Cgarden%2C162&sr=1-16" target="_blank">Organic Cotton Mart's Reusable Cotton Mesh Produce Bags</a> if you're in this camp, as they're made with Global Organic Textile Standard (GOTS) certified cotton.</p> <p>Mesh reusable produce bags can make the checkout process easier than muslin bags since you can see what's inside them without having to open them up. Plus, the tare weight (i.e., the weight of the empty bag that should be subtracted from the total weight of your produce to make sure you don't pay extra for using your bag) is printed right on the label of Organic Cotton Mart's bags, making everything that much more convenient.</p> <p><strong>Customer rating:</strong> 4.6 out of 5 stars with nearly 1,000 Amazon reviews</p><strong>Why buy:</strong> GOTS certified; Machine washable; Biodegradable
Simple Ecology<p>On the other hand, if you just want to purchase muslin bags, we like <a href="https://www.amazon.com/Simple-Ecology-Reusable-Organic-Shopping/dp/B004UJ0U0C" target="_blank">Simple Ecology's Reusable Produce Bags</a>, which are also made with GOTS-certified organic cotton. Simple Ecology also has a <a href="https://www.amazon.com/dp/B01N6AUMBG/ref=sspa_dk_detail_2?psc=1&pd_rd_i=B01N6AUMBG&pd_rd_w=MA3ZS&pf_rd_p=cbc856ed-1371-4f23-b89d-d3fb30edf66d&pd_rd_wg=hVunQ&pf_rd_r=G6RTQ1Z5DKEY325MAJZ9&pd_rd_r=5d298b3a-1be7-4ebd-a9e1-d5d672a40497&spLa=ZW5jcnlwdGVkUXVhbGlmaWVyPUExMzc4RVAxWjNLOTdCJmVuY3J5cHRlZElkPUEwNTc0NTAwMzBDMjFYOVJPTUpWSCZlbmNyeXB0ZWRBZElkPUEwNjYyOTM4M0s4Vk81SVBPS1NFSyZ3aWRnZXROYW1lPXNwX2RldGFpbF90aGVtYXRpYyZhY3Rpb249Y2xpY2tSZWRpcmVjdCZkb05vdExvZ0NsaWNrPXRydWU=" target="_blank">starter kit</a> that comes with several reusable grocery bags if you're looking for more variety.</p> <p>The benefit of using muslin reusable produce bags is that, unlike mesh, there are no holes for small items to slip through. This means that in addition to larger produce, you can use them to purchase bulk foods like lentils, beans and rice — or even powders like flour or spices — without worrying about anything leaking. They're also best for keeping leafy greens fresh.</p> <p><strong>Customer rating:</strong> 4.7 out of 5 stars with nearly 1,500 Amazon reviews</p><strong>Why buy:</strong> GOTS certified; Machine washable; Biodegradable; Sustainable Forestry Initiative (SFI) certified packaging when purchased from manufacturer
ECOBAGS<p>Whether you're buying bread, fresh flowers, produce or all of the above, the <a href="https://www.amazon.com/ECOBAGS-Market-Collection-Reusable-Natural/dp/B08KFGPGN5" target="_blank" rel="noopener noreferrer">ECOBAGS Market Collection Reusable Bag Set</a> is ideal for <a href="https://www.ecowatch.com/farmers-markets-coronavirus-safety-2645581711.html" target="_self">farmers market</a> shopping or large grocery hauls. The netted bags are durable, flexible, and pack down small so they're easy to keep in your car or purse.</p> <p>ECOBAGS is a woman-owned certified B Corp, which means it uses sound social and environmental practices. These bags come in packs of three or five and have a few different handle lengths and color options, but they're all made with GOTS-certified organic cotton.</p> <p><strong>Customer rating: </strong>Not applicable</p><p><strong>Why buy:</strong> GOTS certified; Machine washable; Biodegradable; Certified B Corp; SA8000 certified for the protection of basic human rights of workers</p>