title: Legal action against health claims on foods and beverages marketed to youth.
abstract: The prevalence of obesity among US children raises numerous health concerns. One pathway to reduce childhood obesity is by decreasing energy intake through the ingestion of fewer calories. Yet, food and beverage manufacturers often promote energy-dense items for children via varied health claims. Deceptive health claims are prohibited, and may be addressed through litigation or governmental regulatory efforts. While the amount of legal action against these potentially deceptive claims has increased, no comprehensive assessment has been conducted. This article, which analyzes litigation and governmental regulatory activities, considers key factors that may influence decisions to take legal action against potentially deceptive health claims on foods and beverages, including scientific support, forum selection, selection of plaintiffs, and potential public health impact.
authors.affiliation: Lainie Rutkow and Jon S. Vernick are with the Department of Health Policy and Management and the Center for Law and the Public's Health, Bloomberg School of Public Health, Johns Hopkins University, Baltimore, MD. Danielle M. Edwards, Sarah O. Rodman, and Colleen L. Barry are with the Department of Health Policy and Management, Bloomberg School of Public Health, Baltimore.
authors.forename: Lainie
authors.initials: L
authors.lastname: Rutkow
authors.forename: Jon S
authors.initials: JS
authors.lastname: Vernick
authors.forename: Danielle M
authors.initials: DM
authors.lastname: Edwards
authors.forename: Sarah O
authors.initials: SO
authors.lastname: Rodman
authors.forename: Colleen L
authors.initials: CL
authors.lastname: Barry
mesh_terms: D000329:Advertising / Q000331:legislation & jurisprudence*; D001628:Beverages / Q000592:standards*; D002648:Child; D002669:Child Welfare / Q000331:legislation & jurisprudence*; D003257:Consumer Product Safety / Q000331:legislation & jurisprudence*; D008192:Deception; D002149:Energy Intake / Q000502:physiology; D005502:Food / Q000592:standards*; D006801:Humans; D007881:Legislation, Food; D040541:Marketing / Q000331:legislation & jurisprudence*; D009753:Nutritive Value; D063766:Pediatric Obesity / Q000453:epidemiology / Q000209:etiology* / Q000517:prevention & control; D015995:Prevalence; D014481:United States / Q000453:epidemiology