Fact Sheets

Regulating "Junk Food" Marketing Aimed at Children

Under the First Amendment of the U.S. Constitution, courts have extended much the same protection to commercial speech as they have to political, artistic, and religious speech. But there are many ways to limit the marketing of non-nutritious foods to children. This fact sheet offers and evaluates possible opportunities, including:

• Requiring restaurants to include nutritional information for menu items
• Prohibiting "toy-with-purchase" giveaways with non-nutritious foods
• Implementing V-chip ratings for commercials

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Regulating "Junk Food" Marketing on Public School Property

Many public school administrators underestimate their authority to limit marketing on their schools' premises, given the complexity of constitutional rights protecting commercial speech on public property. But public schools have the authority to regulate their property and an obligation to protect their students. This fact sheet offers and evaluates possible opportunities.

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