FCC Head Calls for Online Targeted Ad Ban

A Federal Communications Commission official is pushing a proposal to ban interactive ads targeting children. FCC Commissioner Jonathan S. Adelstein's call for regulation came amid the latest in a series of public meetings to address childhood obesity and its alleged link to food advertising.

"With the growing convergence of TV and the Internet, we need to set the rules before interactive advertising becomes an established business model," Commissioner Adelstein stated, speaking at the Vanderbilt Forum on Pediatric Obesity in October. The FCC "tentatively" concluded in 2004 that interactive ads targeting children should be banned, he noted. "[W]e need to act quickly ... to implement sensible restrictions on interactive ads targeting children."

Commissioner Adelstein dished up some harsh criticism of the food marketing industry. "The facts show that a vast majority of the food marketed to children are high in calories, high in sugar or salt, and low in nutritional value," he stated. He pointed to the recent campaign for Frosted Flakes featuring Olympian Michael Phelps. "Trying to make Frosted Flakes this generation's ‘breakfast of champions' is symptomatic of this age of hyper-commercialism, which has contributed to childhood obesity."

Parents feel inundated by the "seemingly relentless march of material that is too commercial, unhealthful, violent, or sexual for their children," charged Commissioner Adelstein, himself a parent. In addition to banning interactive marketing efforts (such as TV ads that point kids to websites), Commissioner Adelstein suggested the FCC should clarify its guidelines concerning what constitutes "educational content" for purposes of children's television regulations, and allocate resources toward educating the public on health and media issues.

FCC Commissioner Deborah Taylor Tate, who also spoke at the Vanderbilt conference, did not call for regulation but instead urged the private sector to continue to make self-regulatory strides. A member of the public-private Joint Task Force on Childhood Obesity, Commissioner Tate noted with approval efforts such as the Children's Food and Beverage Advertising Initiative, under which advertisers voluntarily agree to limit their advertising to primarily healthier food and beverage products.

Read Commissioner Adelstein's remarks, Commissioner Tate's remarks, and FCC Commissioner McDowell's remarks at the same conference at fcc.gov. 

Read more about the issue at broadcastingcable.com

State AGs Call for Voluntary BPA Ban From Baby Products

In the face of federal disagreement as to whether the chemical bisphenol A (BPA)  threatens the health of babies and young children, several state attorneys general have taken the matter into their own hands, and have asked baby product manufacturers to stop using the controversial chemical.

Connecticut Attorney General Richard Blumenthal, joined by the AGs of New Jersey and Delaware, sent a letter in October to 11 companies that manufacture baby bottles and formula, asking them to cease using BPA in their bottles and formula container liners.

"I am alarmed by recent studies confirming that BPA leaches from these products into the foods they hold," Blumenthal stated in the letters, which were sent to baby bottle manufacturers Advent, Disney First Years, Gerber, Dr. Brown, Playtex and Evenflo, as well as formula makers Abbott, Mead Johnson, PBM Products, Nature's One and Wyeth.

"Credible, escalating laboratory evidence demonstrates that even low dose exposure to BPA causes serious damage to reproductive, neurological and immune systems during the critical stages of fetal and infant development," the letter stated. "The preventable release of a toxic chemical directly into the food we eat is unconscionable and intolerable."

The AG's action comes at a time when the federal government appears to be at odds over how serious a threat is presented by the presence of BPA, which is used to harden plastics, and is contained in liners of canned goods.

In September, the National Toxicology Program of the National Institutes of Health released a report that concluded there is "some concern" that exposure to BPA can adversely affect development in fetuses and children. But this summer, the Food and Drug Administration stated that its data did not support the need to tighten safety standards regarding BPA content in children's products.
 
Read a summary of the state AG's action at ct.gov

Read about the NTP's report and more on the issue from the NIH at niehs.nih.gov.

View the FDA's draft report at fda.gov.

Read more about the issue at apnews.excite.com, " States ask baby product companies to avoid BPA", and at nytimes.com,  "BPA and the Donor" and "That Plastic Baby Bottle".

Canadian Government Bans BPA Baby Bottles

The Canadian government has announced it will ban the use of bisphenol A (BPA) in baby bottles, becoming the first government worldwide to take such action. The government immediately will begin drafting regulations to ban the importation, sale and advertising of baby bottles that contain the controversial chemical.

The government's confirmation of the BPA baby bottle ban follows an announcement last year in which the Canadian government warned of its intentions.

"Today's confirmation of our ban on BPA in baby bottles proves that our government did the right thing in taking action to protect the health and environment for all Canadians," stated Canada's Environment Minister John Baird.

The government conceded that according to its scientific assessments, BPA exposure experienced by newborns and infants is below levels likely to cause health effects. "[H]owever, due to the uncertainty raised in some studies relating to the potential effects of low levels of bisphenol A, the Government of Canada is taking action to enhance the protection of infants and young children," the government stated in a release.

The main sources of exposure to BPA among babies is thought to be from bottles containing BPA, which can leach some of the chemical, particularly when they are heated, and infant formula cans with BPA-containing liners.

The Canadian government's decision comes shortly after an arm of the U.S. National Institutes of Health (NIH) concluded that there is "some concern" that exposure to BPA can adversely affect the development of fetuses and young children. The U.S. Food and Drug Administration, however, has determined to the contrary that there is not sufficient evidence to justify tightening BPA-related regulations.

The Grocery Manufacturers Association called the Canadian government's decision "disproportional to the risk determined by public health agencies." The food and beverage industry "will continue to evaluate the safety of BPA for infants [and] children," the group stated.

Read about the Canadian government's decision at hc-sc.gc.ca.

Read the Grocery Manufacturer Association's response at gmabrands.com. 

Read about the report on BPA issued by the National Toxicology Program of the NIH at niehs.nih.gov. 

View the FDA's draft report at fda.gov. 

Read more news coverage on the issue at ctv.ca and apnews.excite.com

Halloween Candy Recall Cites Melamine Contamination Risk

The melamine nightmare appears to have arrived in North American in time for Halloween. The Canadian government has issued a recall of Pirate's Gold Milk Chocolate Coins, distributed by Sherwood Brands and sold by Costco.

The U.S. Consumer Product Safety Commission has issued no similar recall.

"This product is being recalled due to positive test results for melamine," stated the Canadian Food Inspection Agency (CFIA). The Gold Coins were sold nationally through Costco, and also may have been sold in bulk packages individually at other dollar and bulk stores, the CFIA warned.

Melamine is the chemical linked with children's deaths and illnesses following contamination of milk and milk products in China, as well as pet deaths and illnesses following contamination of pet food. Melamine is widely used for industrial purposes, but also can be used to spike food products to artificially inflate protein content.

In China, the melamine scare was ratcheted up even further by news that food inspectors found eggs contaminated with high levels of melamine. An estimated 50,000 children in China have been sickened from melamine contamination, and four reportedly have died.

Read about the Canadian recall at inspection.gc.ca.   

Read about the egg contamination in China at nytimes.com.

No Cold Meds for Kids Under 4, Companies Say

Children under the age of 4 should not be given over-the-counter (OTC) cold remedies, according to new labeling being prepared by leading cold medicine manufacturers.

The manufacturers of medicines sold under brands such as Dimetapp, Pediacare, Robitussin, Triaminic and Little Colds have agreed to voluntarily change their labels to state "do not use" for children under 4. In addition, manufacturers of products containing antihistamines will add language to their labels warning parents to refrain from using these medications to induce drowsiness in young children.

The changes came following consultation with the Food and Drug Administration, which earlier this year recommended that children younger than 2 years old should not be given cold medications.

Children's cough and cold medications are safe and effective when used as directed, stressed the Consumer Healthcare Products Association (CHPA), the trade group that announced the voluntary labeling changes. "Research shows that dosing errors and accidental ingestions-not the safety of the ingredients themselves when properly dosed-are the leading causes of rare adverse events in young children," the CHPA stated.

Indeed, a study by the Centers for Disease Control and Prevention, which concluded that thousands of young children are hospitalized annually after ingesting cough and cold medicine, also determined that the vast majority of children hospitalized had taken medication while unsupervised.

Read about the labeling changes at chpa-info.org. 

View news coverage concerning the change at apnews.excite.com. 

CARU Refers Advertisers to FTC

The Children's Advertising Review Unit (CARU) has referred two cases to the Federal Trade Commission because the advertisers failed to substantively respond to its inquiries.

CARU examined advertising for the "Spray Racer," a toy vehicle powered by water and air that is compressed when a child manually pumps a holding tank. CARU questioned whether a TV commercial showing a child pumping once to launch the car at a speed of 272 scale miles per hour was an accurate reflection of the product's performance.

The self-regulatory group asked the advertiser, Summit Products, whether substantial pumping was in fact required to maintain the speed depicted. When the advertiser did not respond, CARU referred the matter to the FTC.

CARU also referred to the FTC a case involving the website www.virtualfamilykingdom.com after the company that operates the site allegedly did not respond to CARU's inquiry regarding apparent failures to comply with the Children's Online Privacy Protection Act of 1998 (COPPA).

Upon reviewing the site, CARU noted that it had an option whereby personal information could be collected from children without first obtaining parental permission, and that the site failed to include offline contact information, as required by COPPA. In addition, the posted privacy policy did not conform to actual practices on the site, CARU claimed.

View a summary of the "Spray Racer" case and of the Virtual Family Kingdom case at caru.org.

Children TV food ad restrictions not working, UK consumer body claims

This post was written by Carolyn E. Pepper and Tina Sany-Davies. 

OFCOM, the UK media regulator, published rules regarding advertising food and drink products to children.

A consumer watchdog in the UK, Which?, has said that the rules, which aim to curb advertising foods assessed as high in fat, salt and sugar ("HFSS") to children, are not working.

Which? conducted a two-week analysis and found adverts for products such as Coca-Cola, which reportedly contains 13 teaspoons of sugar per 500 ml, and Kellogg's Coco Pops, which is more than one-third sugar, were broadcast during programmes popular with children and were not caught by recent restrictions.

The OFCOM rules state that adverts for HFSS foods are not allowed to be shown in or around programmes of particular appeal to under-16s. If the proportion of those under 16 watching a programme is 20 percent higher than the general viewing population, then the programme is considered to be of particular appeal to under-16s.

Which? revealed through its report that none of the programmes with the five highest child audiences is covered by the restrictions imposed by OFCOM in January.

Therefore, while shows such as "The Simpsons" and "SpongeBob Square Pants" are caught by the rules, other shows such as "Beat The Star" and "Animals Do The Funniest Things" are not, despite being watched by thousands more children.

According to the two-week analysis conducted by Which?, "Animals Do The Funniest Things," a home video show where viewers send in amusing clips of their animals, was viewed by 370,600 children under 16, and included adverts for Cadbury's Creme Egg Twisted, Maryland Chocolate Chip Cookies, Nachos and Kraft's Dairylea Dunkers.

By contrast, "Shaggy and Scooby Doo get a clue" and "SpongeBob Square Pants", which are both caught by OFCOM's restrictions, did not have adverts for HFSS foods.

Which? food campaigner Clare Corbett said, "The ad restrictions may look good on paper but the reality is that the programmes most popular with children are slipping through the net. If these rules are going to be effective, then they have to apply to the programmes that children watch in the greatest numbers."

Chief executive of the Advertising Association, Baroness Peta Buscombe, called the Which? report "sensationalist, unconstructive and missing the point." She added, "Their list includes programmes clearly not aimed at children and films screened after 10 p.m. There clearly has to be an element of parental responsibility on which programmes they allow their children to view."

A Department for Culture, Media and Sport spokesman said, "Although children still see some of these advertisements, the current OFCOM regulations mean that the viewing of these adverts by children is reduced by an estimated 50%, an impressive amount. We appreciate that there are calls for further restrictions on UK TV advertising but these should be considered once we have had a chance to assess the impact of current measures."

OFCOM is set to report on the success of its restrictions in December this year.