Why CFBAI Matters for All Food Companies—Even Companies That Don’t Advertise to Kids
Daniel Range, Vice President, Children’s Food and Beverage Advertising Initiative and Children’s Confection Advertising Initiative, BBB National Programs
Most companies that participate in BBB National Programs’ Children’s Food & Beverage Advertising Initiative (CFBAI) do not direct any food or beverage advertising to children. These companies participate in CFBAI, however, because they recognize that a concern about food advertising to children affects all food and beverage companies—not just those that advertise to kids. CFBAI participation helps address those concerns.
One way that concern about child-directed food advertising can affect all food companies is when it gives rise to legislation or regulation that restricts food advertising broadly.
Legislation introduced in New York provides an example.
Any food advertisement with these elements may be deemed to be child-directed and expose the advertiser to increased legal liability. Evidence of the actual and intended audience of the advertisement, though a factor to be considered, is not dispositive.
In addition, any advertisement deemed by the court to target any consumer “who is reasonably unable to protect their interests because of their age, illiteracy, inability to understand the language of an agreement or similar factor” would be subject to the same heightened scrutiny. A “consumer” includes anyone acting on behalf of a target audience, such as parents.
Consequently, even food advertisers that do not advertise to children or in a manner that may be appealing to children would be affected by the bill and potentially subject to an increased risk of litigation from the private right of action that New York’s false advertising law provides.
CFBAI aspires to change this perception, and we are making progress.
CFBAI demonstrates to policymakers the commitment to responsible child-directed advertising made by leading food, beverage, and quick-serve restaurant companies. Through their CFBAI participation, these companies prove the credibility of their responsible advertising commitments by agreeing to be held publicly accountable for compliance.
The commitment made by all CFBAI participants to not advertise to children at all or to advertise to children only foods that meet established nutrition criteria has changed the landscape of child-directed advertising.
With scrutiny of food companies increasing, it is more urgent than ever for every food advertiser to prove their commitment to responsible advertising.
CFBAI provides the opportunity to do so. Companies that join CFBAI expand the coalition of companies making visible and proactive commitments to responsible child-directed advertising and distinguish themselves from companies that have not made the same advertising commitments. By joining CFBAI, companies help improve food advertising to children and public perceptions of it. Failing to change negative perceptions of food advertising will affect all food advertisers, not just those that advertise to kids.
Learn more about CFBAI membership.
Most companies that participate in BBB National Programs’ Children’s Food & Beverage Advertising Initiative (CFBAI) do not direct any food or beverage advertising to children. These companies participate in CFBAI, however, because they recognize that a concern about food advertising to children affects all food and beverage companies—not just those that advertise to kids. CFBAI participation helps address those concerns.
One way that concern about child-directed food advertising can affect all food companies is when it gives rise to legislation or regulation that restricts food advertising broadly.
Legislation introduced in New York provides an example.
New York’s Food Advertising Bill
NY State Senate Bill 2025-S397, known as the “Predatory Marketing Prevention Act,” derives from lawmakers’ concerns about “misleading, aggressive, and pervasive” food advertising to children. The bill would increase scrutiny of child-directed food advertising under New York’s false advertising law. But the bill broadly expands child-directed advertising to potentially include any advertisement with appeal to individuals under 18, based on factors such as:- The advertisement’s subject matter;
- The appeal of celebrities in the advertisement to children or teens;
- The ad’s use of trending buzzwords, sayings, or phrases;
- The advertisement’s physical location;
- The advertised product’s price; and
- If the advertisement is for a product that helps with “saving time[,] such as easy-to-make or purchase meals.”
Any food advertisement with these elements may be deemed to be child-directed and expose the advertiser to increased legal liability. Evidence of the actual and intended audience of the advertisement, though a factor to be considered, is not dispositive.
In addition, any advertisement deemed by the court to target any consumer “who is reasonably unable to protect their interests because of their age, illiteracy, inability to understand the language of an agreement or similar factor” would be subject to the same heightened scrutiny. A “consumer” includes anyone acting on behalf of a target audience, such as parents.
Consequently, even food advertisers that do not advertise to children or in a manner that may be appealing to children would be affected by the bill and potentially subject to an increased risk of litigation from the private right of action that New York’s false advertising law provides.
Changing Perceptions of Child-Directed Food Advertising
Bills like New York’s “Predatory Marketing Prevention Act” derive from a negative perception of the food industry’s advertising practices, particularly towards children. This perception damages the reputation of all food advertisers and does not distinguish between those companies that advertise to kids and those that don’t, nor those companies that advertise to children only foods that meet established nutrition criteria.CFBAI aspires to change this perception, and we are making progress.
CFBAI demonstrates to policymakers the commitment to responsible child-directed advertising made by leading food, beverage, and quick-serve restaurant companies. Through their CFBAI participation, these companies prove the credibility of their responsible advertising commitments by agreeing to be held publicly accountable for compliance.
The commitment made by all CFBAI participants to not advertise to children at all or to advertise to children only foods that meet established nutrition criteria has changed the landscape of child-directed advertising.
With scrutiny of food companies increasing, it is more urgent than ever for every food advertiser to prove their commitment to responsible advertising.
CFBAI provides the opportunity to do so. Companies that join CFBAI expand the coalition of companies making visible and proactive commitments to responsible child-directed advertising and distinguish themselves from companies that have not made the same advertising commitments. By joining CFBAI, companies help improve food advertising to children and public perceptions of it. Failing to change negative perceptions of food advertising will affect all food advertisers, not just those that advertise to kids.
Learn more about CFBAI membership.