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Tuesday, December 13, 2011

postheadericon Proposed federal food advertising guidelines raise legal questions under federal nutrition law

The draft Nutrition Principles to Guide Industry Self-Regulatory Efforts on children-directed food marketing ("Nutrition Principles") has undergone criticism from affected businesses, Members of Congress, and interested members of the public.  In response, the Interagency Working Group ("IWG") that issued the draft last April has pledged to make changes to its original draft.

But the IWG has shown no inclination to make one critical change, which, if unmade, could expose the Nutrition Principles to a legal challenge. Because the Nutrition Principles constitute "dietary guidance" which differs from the official U.S. Dietary Guidelines for Americans ("DGA"), a strong argument can be made that the Secretaries of Agriculture and Health and Human Services must review formally the IWG's draft.

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