Extending the Fantasy in the Supermarket: Where Unhealthy Food Promotions Meet Children and How the Government Can Intervene

Abstract

This paper summarizes research concerning the extent of in-store marketing of foods to children and the effects of such marketing. It identifies several strategies that the federal and state or local governments might use to regulate in-store and package-based marketing and assesses the food industry's expected arguments against such regulations. The paper analyzes how courts would likely scrutinize the constitutionality of such regulations to identify which approaches are most likely to make a positive impact on public health and succeed if challenged in court.

Keywords: public health law and policy, First Amendment, food marketing