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A New Way to Fight Junk-Food Ads; Groups to Use Consumer-Protection Laws in Suit Against Kellogg, Viacom
Two consumer activist groups yesterday announced an unusual new legal approach in their campaign to stop junk-food ads on kids' television programs. In the past, the Center for Science in the Public Interest and the Campaign for a Commercial-Free Childhood have pressed the federal government for stricter regulations and cheered on individuals who filed lawsuits against particular companies for their high-fat food. Now they say they will use state consumer-protection laws to try to stop what they believe is a deceptive and unfair business practice: advertising to young children. … The decision to use state consumer-protection laws against food manufacturers has been advocated by several attorneys who have successfully sued tobacco companies. One such attorney, Richard A. Daynard, co-authored an article in this month's American Journal of Preventive Medicine saying that these lawsuits are likely to be more successful than individual lawsuits -- such as the one filed against McDonald's by two teenagers who claimed the chain's high-fat products made them obese. Since there are many causes of obesity, it is hard to prove that one company's product was the cause, Daynard wrote. However, he added, most consumer-protection laws "do not require a showing that the defendant's misbehavior caused a specific illness." With that theory in mind, Daynard, an associate dean at Northeastern University School of Law, and the CSPI have been preparing a class-action lawsuit against soft-drink makers, seeking to get sodas removed from schools. Yesterday, Gardner said that lawsuit, which he had hoped to file this month, has been put on hold as both sides discuss the issues.
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