The Public Health PHAI Advocacy Institute State Law Approaches to Address Digital Food Marketing to Youth The Public Health PHAI Advocacy Institute 2 State Law Approaches to Address Digital Food Marketing to Youth Authors: Cara Wilking, JD Mark Gottlieb, JD Melinda Bonacore Andrew Cheyne, C.Phil Pam Meija, MPH, MS Lori Dorfman, DrPH Jeffrey Chester, MSW Public Health Advocacy Institute, Inc., Berkeley Media Studies Group and Center for Digital Democracy December 2013 Acknowledgements We would like to thank the following people for their assistance with this report: Matt Puder Lissy Friedman, JD Samantha Graff, JD Ted Mermin, JD Support for this research was The Public Health provided by a grant from the PHAI Advocacy Institute Robert Wood Johnson Foundation’s Healthy Eating Research Program at Northeastern University School of Law (#69293). 360 Huntington Avenue, Suite 117 CU Boston, MA 02115-0000 Contact Us! Phone: 617-373-2026 E-mail:
[email protected] The Public Health PHAI Advocacy Institute 3 Table of Contents Executive Summary 4 Introduction 9 Why Digital Marketing Is Different 12 Packaging: Digital Marketing at the Moment of Truth 22 Personal Jurisdiction 25 Mobile Food & Beverage Marketing 29 Privacy 40 Facebook Advertising 45 Incentives-Based Interactive Food & Beverage Marketing 43 Gaming 68 Appendix: State Law Profiles 77 The Public Health 4 PHAI Advocacy Institute Executive Summary State Law Approaches to Address Digital Food Marketing to Youth Why focus on Digital Food Marketing? The State Consumer Protection Approach Legal and child development scholars have identified This report focuses on how state consumer protection promising theories for why all marketing, including digital law can be used to limit harmful digital food marketing food marketing, targeting children under 8 years of age, to children and teens.