Introduction of the Children's Health Federal Trade Commission Authority Restoration Act

Floor Speech

INTRODUCTION OF THE CHILDREN'S HEALTH FEDERAL TRADE COMMISSION AUTHORITY RESTORATION ACT -- (Extensions of Remarks - June 29, 2006)

* Ms. NORTON. Mr. Speaker, I am pleased today to introduce legislation to restore the Federal Trade Commission's (FTC) authority to regulate marketing to children under the age of 18 in order to help eliminate an epidemic of overweight and obesity that studies link to pervasive advertising of junk food to the Nation's youth. A similar provision has been introduced as part of a larger bill in the Senate, and former President Clinton is taking a leading role in efforts to control the rapid increase in overweight and obesity in children. Yet Congress has failed to take decisive action, despite definitive studies that show that childhood obesity has become one of the Nation's most serious health issues, creating a surge in debilitating diseases we are seeing for the first time in kids.

* The Centers for Disease Control reports that 12.5 million children and adolescents, ages 2-19, are overweight, a rate that has tripled in the last 40 years. As a result, the incidence of Type 2 diabetes in children, a disease that is mainly associated with adults, has become widespread in recent years. Overweight children have a more than 70 percent chance of being overweight adults, putting them at risk for many serious health conditions, such as high blood pressure, asthma and heart disease. Many of these children are obese in part because they watch so much television, on the average, over 2 hours a day. However, a study by the congressionally chartered Institute of Medicine (IOM) found extraordinary growth in new food products targeted to children, from just 52 new product introductions in 1994 to close to 500 just last year. Significantly, the IOM report finds that advertisements during children's programming feature foods high in fat, with little to no nutritional value.

* The problem is even greater in programming geared toward African American television consumers, adults and children alike. A summer 2005 survey of programming on Black Entertainment Television (BET) found that 66 percent of the ads were for fast food commercials. The study monitored commercials during the afternoon hours, when children watch cartoons and ``tween'' shows. The WB Network and Disney Channel were also monitored in the study. During that time slot, over 1,000 ads were shown on all three channels. Only 34 percent of ads on the WB promoted fast foods, and none at all on the Disney channel. McDonald's was the leading fast food advertiser on BET. Further, 82 percent of advertisements on BET were for soda, with the WB at 11 percent. The Disney Channel accounted for only 6 percent of soda advertisements. Advertisements for snacks accounted for 60 percent of BET programming, 40 percent on the Disney Channel and none on the WB. As a result of increased fast food advertising, children are more likely to consume an additional 167 calories a day, a caloric intake that further exacerbates already high obesity rates. Currently, obesity affects nearly 18 percent of black children compared to 14 percent of white children.

* These studies are evidence that the estimated $15 billion spent on junk food marketing in the last year is adversely affecting the eating habits, and consequently, the health of our nation's youth. This marketing is especially problematic in poor, predominately African American neighborhoods, many of which have no access to fresh and healthy food products due to a dearth in neighborhood grocery stores. This problem is highlighted here in the District where the lowest income wards attract corner convenience stores that feature unhealthy, fatty foods in abundance, but do not provide foods of significant nutritional value that assist both in the intellectual and physical growth and development of children.

* The FTC and Federal Communications Commission (FCC) have historically shared joint jurisdiction over advertising to children. The FCC first implemented regulations on children's advertising in 1974, setting limits on the amount of advertising per hour during children's programs, but these limits do not address the content of the ads. Under current law, the Children's Television Act of 1990, advertising during children's programming is restricted to no more than 10 1/2 minutes per hour on the weekends, and 12 minutes per hour on the weekdays. However, these ``restrictions'' are simply an adoption of what is already the established industry norm.

* In 1978, the Federal Trade Commission recommended banning television advertising to children under the age of eight after research at the time indicated that marketing to young children was unfair because young children do not understand the persuasive intent of advertising, thereby establishing an unfair and deceptive act or practice. However, industry lobbyists filed a lawsuit against the FTC, and lobbied Congress instead to pass the FTC Improvement Act of 1980, which stripped the FTC of its authority to issue industry-wide regulations to stop unfair advertising practices.

* The debate still continues, however, as the IOM's recent report recommends banning television advertising to children even up to the age of twelve, and the American Psychological Association (APA) says that children under the age of nine cannot understand persuasive intent. Nevertheless, the methods for advertising products to children have become more sophisticated. Marketing strategies now include Internet games, specialized product placement in stores, as well as cartoon character endorsements like those that featured Sponge Bob Square Pants endorsing Burger King products, and promoting unhealthy eating habits.

* Ironically, funding will lapse this year for a successful program I cosponsored that turned television on its head, and according to studies, has effectively used TV to get children active. The Youth Media Campaign--VERB

* However, I am pleased to join with Senator Tom Harkin, who has introduced this language in the Senate as part of a more comprehensive bill promoting healthy lifestyles and disease prevention. I am also pleased to join with others, such as former President Clinton, who has joined with the Nickelodeon Channel to promote responsible, healthy food choices and lifestyles. I urge my colleagues to support this legislation.

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