Protecting Young People From Junk Food Advertising: Implications of Psychological Research for First Amendment Law

Abstract

In the United States, one third of children and adolescents are overweight or obese, yet food and beverage companies continue to target them with advertising for products that contribute to this obesity crisis. When government restrictions on such advertising are proposed, the constitutional commercial speech doctrine is often invoked as a barrier to action. We explore incongruities between the legal justifications for the commercial speech doctrine and the psychological research on how food advertising affects young people. A proper interpretation of the First Amendment should leave room for regulations to protect young people from advertising featuring calorie-dense, nutrient-poor foods and beverages.

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