NY Legislation Would Restrict Food Advertising Directed at Children

Once again, legislation has been introduced in the New York State Senate (S.397A) that would restrict food advertising directed at children. As with past proposals, a “child” is defined as anyone under 18 years of age. As a result, the legislation would effectively ban most food advertising.

The legislation would consider any food advertising directed at children to be false and deceptive. In making this determination, a court would consider the following factors:

• Subject matter

• Visual content

• Use of bright colors and animated characters or child-oriented activities and incentives; Music or other audio content

• Age of models

• Presence of child celebrities or celebrities who appeal to children

• Language including claims, buzzwords, sayings, and/or phrases that are trending such as common colloquial words specific to the age group

• Competent and reliable empirical evidence regarding audience composition and evidence regarding the intended audience composition and evidence regarding the intended audience

• Physical location of advertisement, including, but not limited to, proximity to schools or other institutions frequented by children

• Medium by which the advertisement is communicated, including, but not limited to, social media, or television/commercial advertising

• Other related factors, including, but not limited to, the ease of accessibility of the product for children.

These “factors” could apply to any advertisement. Moreover, it is difficult to discern the difference between an ad directed at a 17-year-old “child” and an adult. Thus, the legislation the legislation could place all food advertising at risk.

As in the past NYSBA will be opposing this legislation.

You can see the proposed legislation here.