|
The modern gastronomic Battle of the Bulge is turning into a battle over First Amendment rights to free speech and advertising. The food and advertising industries are banding together to defend their right to advertise food products to kids, despite mounting criticism from lawmakers and activists that sugary and high-fat foods are leading to an obesity epidemic among young ones. “I don't think they have much standing,” said Harvey Silverglate, a noted First Amendment attorney in Boston, referring to industry claims their free-speech rights might be violated by any food-advertising bans. Cigarette companies are banned from advertising, Silverglate said. And there's an entire body of law backing restrictions on what can be said and presented to children, such as sexually oriented material. “The government can regulate commercial speech,” agreed Robert Bloom, a professor at Boston College Law School. But Bloom warned there has to be a proven “substantial government interest” that actually links kiddie advertising to kiddie blubber. That can't be done, Mindus said. “There is no evidence advertising leads to obesity.” But Richard Daynard, director of the Public Health Advocacy Institute, a joint Boston center established by Northeastern University and Tufts University's School of Public Health, said creation of the new Alliance for American Advertising shows the food industry is nervous about what it's peddling to children. “It demonstrates they know they're vulnerable,” said Daynard, whose center promotes efforts to curb obsesity through lawsuits against food companies.
For a copy of the complete article, contact CJRG. |