ABSTRACT
This paper highlights methods - other than legislative and regulatory directives - through which decision-makers may use law and the legal system to facilitate the systems-wide change that the IOM calls for.
Subject(s)
Health Policy/legislation & jurisprudence , Obesity/prevention & control , Contracts , Health Promotion , Humans , Industry/legislation & jurisprudence , Motor Activity , United StatesABSTRACT
The childhood obesity crisis has prompted repeated calls for government action to curb the marketing of unhealthy food to children. Food and entertainment industry groups have asserted that the First Amendment prohibits such regulation. However, case law establishes that the First Amendment does not protect "inherently misleading" commercial speech. Cognitive research indicates that young children cannot effectively recognize the persuasive intent of advertising or apply the critical evaluation required to comprehend commercial messages. Given this combination--that government can prohibit "inherently misleading" advertising and that children cannot adequately understand commercial messages--advertising to children younger than age twelve should be considered beyond the scope of constitutional protection.
Subject(s)
Advertising/legislation & jurisprudence , Comprehension , Deception , Fast Foods , Government Regulation , Child , Child, Preschool , Humans , Psychology, Child , Research , Television , United StatesABSTRACT
Public health advocates and scientists working on obesity prevention policy face challenges in balancing legal rights, individual freedom, and societal health goals. In particular, the US Constitution and the 50 state constitutions place limits on the ability of government to act, even in the best interests of the public. To help policymakers avoid crossing constitutional boundaries, we distilled the legal concepts most relevant to formulating policies aimed at preventing obesity: police power; allocation of power among federal, state, and local governments; freedom of speech; property rights; privacy; equal protection; and contract rights. The goal is to allow policymakers to avoid potential constitutional problems in the formation of obesity prevention policy.