Food Beverage Marketing

McDonald’s Repeatedly Violates CARU Premium Guideline

In response to a recent study finding that nationally televised fast food television advertisements to children by McDonald\’s and Burger King from 2009-2010 focused primarily on toys, movie tie-ins and branding, CARU Director Wayne Keeley stated that “[b]oth companies have always respected CARU’s recommendations by discontinuing the challenged ads, and pledged to take into account CARU’s […]

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New study finds McDonald’s and Burger King responsible for 99% of fast-food television ads for kids, suggests industry’s efforts to self-regulate its marketing practices are ineffective

Fast-food companies emphasize toy giveaways and movie tie-ins rather than food products when marketing to kids on television, which suggests that industry is not abiding by its self-regulatory pledges for child-directed marketing, according to a study co-authored by the Geisel School of Medicine at Dartmouth and the Public Health Advocacy Institute at Northeastern University School of

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Banned In the Cage: How Xyience and NOS Unfairly and Deceptively Market Energy Drinks

by Cara Wilking, J.D., Rebecca Leff and Katelyn Blaney The Ultimate Fighting Championship (UFC) has its roots in “cage-fighting” and was long considered too wild and violent for mainstream sports fans. Not long ago cage-fighting was shunned by parents, banned by states and rejected by broadcast networks and cable operators for its brutality. While cage-fighting

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NYC’s new soda size restriction should survive any legal challenge (but, so far, hasn’t): An Update

Updated:  July 30, 2013 At this point, the Supreme Court of NY County (March 11, 2013) and the Supreme Court, Appellate Division, First Dept. (today) have ruled that the sugary beverage serving size cap in New York is invalid. The case name is: In re New York Statewide Coalition of Hispanic Chambers of Commerce, et al.

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Major Energy Drink Makers Don’t Play By Their Own Rules

Cara Wilking, J.D Today, the Public Health Advocacy Institute (PHAI) at Northeastern University School of Law in Boston, released a report entitled Energy Drink Self-Regulation chronicling the ways in which major energy drink makers openly violate the self-regulatory guidelines issued by their own trade association, the American Beverage Association (ABA).  A review of energy drink

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Coors Light and The Wolverine Market Beer to Underage Youth

by Cara Wilking, J.D. and Rebecca Leff A new Coors Brewing Company television advertisement called “Mutant Can”shows two scientists in a lab trying to find a way to improve the design of the Coors Light beer can. They then are shown in a movie theater watching The Wolverine (2013) and are inspired to improve the can

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Super-Sized Lunchables Solicits Teens to Upload Risky User-Generated Content

by Cara Wilking, J.D. Seeking to capitalize on the public’s insatiable appetite for Youtube stunt videos, Kraft Foods has teamed up with Rob Dyrdek, the host of MTV’s Ridiculousness, to market its recently released Lunchables Uploaded line of lunch kits. Marketed to parents as a way to “Give them more of what they love,” Lunchables

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PHAI Publishes Legal Issue Brief on Digital Viral Food Marketing to Kids

Food companies used viral digital marketing tactics, such as “tell-a-friend” web campaigns, to induce children to share e-mail addresses of their friends and spread brand advertising of unhealthy foods among their peers.  Even very young children are targeted by these campaigns, which may be considered unfair and deceptive and in violation of state consumer protection laws.

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Pepsi’s “Live for Now” campaign is the Joe Camel of soda marketing to youth

[Adapted from Richard A. Daynard’s presentation to the 2013 Annual Meeting of the Association of American Law Schools’ Agriculture and Food Law section, January 5, 2013.] Soda consumption is a major contributor to adolescent obesity.1 Fortunately, soda consumption has been declining recently,2 presumably as a result of adverse media attention and policy initiatives like the ban

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PHAI’s Cara Wilking on updating children’s online privacy protection

It has been nearly 15 years since Congress enacted the Children’s Online Privacy Protection Act (COPPA).  In that time, marketing in a digital world has become ubiquitous and, often, indistinguishable from other content.  An essential part of this transformation of marketing involves providing a a surprisingly wide variety of information about the users to advertisers

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