Brigham Young University Prelaw Review
Article Title
The Junk Food Problem: Why the Law Allows Advertising to Kids and How to Implement Change
Keywords
Advertising, Children, Obesity, Childhood Obesity, First Amendment, Commercial Free Speech, Junk Food, Tobacco, Vending Machines
Abstract
Rapid technological advancements have increased the methods in which advertisers can reach the public, specifically children. As obesity rates increase among America’s youth, more stringent advertising laws barring junk food exposure have been advocated for. Since the Supreme Court has determined commercial free speech as deserving full First Amendment coverage, the rights of advertisers frequently inhibit productive methods of protecting children from junk food advertisements. This article examines the current standards safeguarding both children and advertisers and the feasibility of restricting advertising to kids within the limitations of commercial speech protections.
BYU ScholarsArchive Citation
Hardy, MaKenna and Maloney, Madison
(2023)
"The Junk Food Problem: Why the Law Allows Advertising to Kids and How to Implement Change,"
Brigham Young University Prelaw Review: Vol. 37, Article 8.
Available at:
https://scholarsarchive.byu.edu/byuplr/vol37/iss1/8
Included in
Commercial Law Commons, First Amendment Commons, Public Relations and Advertising Commons