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September 2nd, 2010
FTC Subpoenas Marketers of Children’s Food and Beverages
Last week, the Federal Trade Commission (“FTC”) began issuing subpoenas to 48 children’s food and beverage marketers seeking data about advertising practices and marketing expenditures dedicated to children. The FTC previously announced that it would be taking this action last May.
In 2008, the FTC published a report based on the results of a study of 44 marketers (most of whom have now been subpoenaed again in 2010). It included a number of recommendations for companies marketing food or beverages to children, including, “(1) adopt meaningful, uniform nutrition-based standards for all products marketed to children under 12; and (2) apply these standards to all advertising and promotional techniques.”
The 2010 subpoenas seek information regarding the implementation of those recommendations as well as updated figures on the companies’ spending on marketing to youths. The FTC plans to issue a follow-up report based on the information it collects.
The FTC has said that it is not planning to propose any new regulations, but the subpoenas clearly indicate that the FTC still views its oversight of marketing to children as a top priority in 2010 and beyond.
Read full FTC report - “Marketing Food to Children and Adolescents: A Review of Industry Expenditures, Activities and Self Regulation”.
If you have any questions about the recent FTC announcement or other advertising/marketing law issues, please contact Jeffrey A. Greenbaum at (212) 826 5525 or jgreenbaum@fkks.com, or any member of the Frankfurt Kurnit Advertising Group.
Disclaimer. This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.
Other Advertising Law Alerts
What the Advertising Industry Can Learn from Kim Kardashian’s Settlement with the SEC
On October 3, 2022, the Securities and Exchange Commission (SEC) announced that it entered into a $1.26 million settlement with Kim Kardashian over her social media promotion of the EMAX token without disclosing payment she received from token issuer, EthereumMax. The matter provides important lessons for advertisers. Read more.
October 10 2022
Get Ready for California’s New “Automatic Renewal” Rules
California recently amended its Automatic Purchase Renewals law. The amended statute - effective July 1st -- require marketers to provide consumers of automatic renewal or continuous service offers with more information and easier ways to terminate. Read more.
June 22 2018
“Made in the U.S.A.” Claims Continue to be Scrutinized
In 2016, California amended Section 17533.7 of the California Business and Professions Code ("Section 17533"), liberalizing the standard for selling products labeled "Made in U.S.A" to California consumers. Read more.
June 4 2018
