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Federal lawmakers this week called on the Federal Trade Commission (FTC) to take action against the marketing of junk food to children, citing concerns about its impact on health and eating habits.
In a June 17 letter addressed to FTC Chair Lina M. Khan and four commissioners, a bipartisan group of federal lawmakers led by Sen. Cory A. Booker (D-N.J.) urged the FTC to update its decade-old report on food marketing to children and adolescents, emphasizing the need to address the rapidly evolving landscape of digital advertising.
Child-targeted advertising “can impact children’s food preferences, purchase requests, consumption patterns, and could ultimately contribute to unhealthy eating patterns that increase the risk of chronic disease,” the letter said.
The lawmakers characterized the need for regulatory action as urgent in light of projected increases in childhood diabetes rates and the billions spent annually on influencer marketing.
However, in a recent article in The Hill, Lindsey Smith Taillie, Ph.D., associate professor at the Gillings School of Global Public Health at the University of North Carolina, was cautious in her assessment of how readily proposed legislative changes could be adopted.
“It will likely be an uphill climb … largely due to First Amendment protection of corporate speech,” she said.
The letter comes as several countries have begun grappling with similar issues of junk food marketing to children, particularly in the digital space.
Key concerns raised in congressional letter
The letter outlined several issues regarding food marketing to children in the digital age.
1. Outdated regulatory framework: The FTC’s most recent comprehensive report on food marketing to children and adolescents was published in 2012, using data from 2009.
“Understanding the importance of this issue, Congress directed FTC to issue an update to this report by June 2023 … yet this has not yet been released,” the letter states.
2. Evolving digital landscape: Since the last report, the advertising landscape has “shifted dramatically, influenced by the growth of online platforms, new technologies, increased spending on advertising, and the use of user data and complex algorithms,” according to the letter.
3. Targeted marketing concerns: The lawmakers worried about how companies target ads to children in different socioeconomic and demographic groups. They pointed to a study that found “Black children were exposed to between 86 and 119 percent more food and beverage TV ads than their White peers.”
They called for the FTC to examine digital marketing, ads on online learning platforms and advertising targeting techniques.
4. Influencer marketing: The letter highlights the growing role of social media influencers in promoting unhealthy foods to young audiences.
“There are countless recent examples of influencers on TikTok promoting food and beverage products where it is not always made clear the influencer is being paid to promote these products or has a material connection to the brand,” the lawmakers noted.
The lawmakers applauded the FTC’s 2023 announcement to update its “Guides Concerning the Use of Endorsements and Testimonials in Advertising” and its actions against food industry and health professional influencers promoting sugary products, particularly to children.
But they expressed concern over the FTC’s lack of providing “enough clarity on heightened disclosure practices for endorsements aimed at children,” noting that “cognitive research suggests disclosures will not work for younger children.”
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Junk food consumption linked to diabetes, chronic disease
According to the letter, the food and beverage industry is expected to spend $7 billion on influencer marketing in the U.S. in 2024 alone. The massive expenditure reflects the industry’s shift toward digital platforms and influencer-driven content to reach young consumers.
The health implications of this marketing blitz are stark. The lawmakers pointed to estimates from the Centers for Disease Control and Prevention that the number of U.S. children with Type 2 diabetes will increase by nearly 700% over the next four decades if current trends continue.
A study cited in Forbes found that “higher junk food consumption was linked with greater body mass index, waist circumference, and higher fasting glucose levels which can be an early sign of diabetes” in children as young as 3 to 6 years old.
Taillie emphasized the long-term consequences of early junk food consumption. “Food marketing hooks kids on unhealthy foods, creating poor eating habits that can last a lifetime,”
In the Forbes article, Dr. Jesse Pines said such habits become “deeply ingrained” as the “Standard American Diet” and set the stage for “earlier onset chronic disease, including heart disease, cancer, and metabolic syndrome.”
Online ‘kid influencers’ push unhealthy foods
The letter singled out social media platforms, especially TikTok and YouTube, as areas of concern. The lawmakers noted that children can view content on TikTok without an account, potentially exposing younger children to marketing content.
Despite YouTube’s ban on in-stream food ads on YouTube Kids in 2020, the letter points out that the ban “did not address food marketing in user-uploaded content or content aimed at children on the regular YouTube platform.”
The lawmakers cited a study revealing the prevalence of food marketing in content created by popular “child influencers” on the platform — “65% of videos from the most popular ‘kid influencers’ on YouTube contained at least one appearance of food.”
More concerningly, the study found that “of all ‘branded appearances’ studied, 42% were for candy, while ‘sweet/salty snacks, sugary drinks, and ice cream’ made up a combined 32% of the appearances.”
The use of advergaming — video games created to promote a brand — was also highlighted as a tactic of concern.
In an article published by The Conversation, Melbourne Law School’s Tanita Northcott and Christina Parker, Ph.D., noted that companies use “vast amounts of data collected about individuals to target specific audiences” and “seamlessly integrate advertising into everyday life.”
For example, ads can present “app-only” deals such as free fast food delivery. Other ads connect junk food to “wholesome or popular activities” such as sports, creating a “halo effect.”
This kind of “‘disguised’ promotion limits kids’ ability to distinguish these marketing techniques from unbranded content — a key step in reducing advertising’s impact on behavior,” Taillie wrote.
Childhood Diabetes Reduction Act a hopeful measure
The congressional letter urged the FTC to update its 2012 report, enhance guidance and enforcement, and address concerns about social media influencer marketing.
Taillie alluded to potential legislative measures, including the Childhood Diabetes Reduction Act of 2024, already introduced in the U.S. Senate, which could help achieve these aims.
According to Taillie, the bill proposes “limits on the types of techniques used to target kids (for example, dancing animated candies) as well as limits on where such ads can appear (e.g., on television programs and websites heavily viewed by children).”
She drew comparisons to regulations on tobacco advertising to children, suggesting a similar approach might be warranted for junk food.
“As increasing evidence demonstrates ultra-processed foods can be addictive like tobacco, this precedent could pave a way forward,” she wrote. “Children deserve to live, learn and play free from the influence of the junk food industry.”
Pines argued that “parents must lead by example” in choosing healthier food options. He pointed out the consequences of a junk food diet for obesity, chronic disease, academic performance and psychological well-being.
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Several countries lead junk food marketing reduction efforts
Northcott and Parker noted several countries’ productive regulations and research in tackling junk food marketing to children.
In Australia, for instance, the government has been investigating whether to ban unhealthy food advertising online and how such a ban could be implemented.
“In the United Kingdom, a ban on unhealthy food and drink advertising online will start in October 2025,” Northcott and Parker said.
Their research using the Australian Ad Observatory found that “unhealthy food and drinks are promoted in ways designed to appeal to parents and carers of children, and children themselves.” This mirrors concerns raised in the U.S. congressional letter.
Taillie suggested the U.S. look to other countries’ approaches in addressing this issue, mentioning Chile’s regulations as a potential model. “In 2016, Chile restricted child-directed appeals and placement of ads on children’s programming for unhealthy products and banned their sale and promotion in schools.”
She noted that in 2018, Chile “began prohibiting unhealthy food ads on any television program between 6am-10pm.” Research showed that these regulations cut kids’ exposure to unhealthy food marketing by over two-thirds.
