WASHINGTON, D.C. – Today, U.S. Senators Cory Booker (D-NJ), Richard Blumenthal (D-CT), and Bernie Sanders (I-VT) and U.S. Representative Rosa DeLauro (D-CT-03) led colleagues in a letter to the Federal Trade Commission (FTC) calling for robust intervention to combat concerning trends in online food marketing targeting children. 

“We are alarmed by the proliferation of unhealthy food and beverage marketing directed towards children across online platforms. Such marketing can impact children’s food preferences, purchase requests, consumption patterns, and could ultimately contribute to unhealthy eating patterns that increase risk of chronic disease…With an expected $7 billion to be spent on influencer marketing in the United States in 2024, the Federal Trade Commission has an important role to play in protecting America's consumers, and we urge the Commission to intervene,” the lawmakers wrote. 

The lawmakers advocated for updated research and reporting mechanisms to understand the scope and impact of digital marketing on children's health, particularly within marginalized communities. The Commission's most recent report on food industry expenditures and activities related to food marketing to children was published in 2012, using data from 2009. In the 10+ years since that report was published, the advertising landscape has shifted dramatically.

“We reiterate the instruction from Congress that FTC, in its updated report, pay special attention to digital marketing, ads on online learning platforms, and ways online platforms and advertisers may be targeting their ads specifically to children in different socioeconomic and demographic groups… An updated FTC report would shed light on how digital marketing of unhealthy food and beverages is impacting youth, and benefit legislative, regulatory, and industry efforts to regulate food marketing to children.” the lawmakers continued. 

The lawmakers stressed the need for heightened disclosure practices and specific guidance tailored to protect children from deceptive marketing tactics online. The letter applauds recent efforts by the FTC to update its advertising guidelines. However, the lawmakers expressed concerns regarding the lack of clarity and enforcement surrounding endorsements directed at children, especially on platforms like TikTok and YouTube.

“Today, many influencers catering to young audiences are promoting products that are popular among children on social media, including unhealthy food and beverage products. There are countless recent examples of influencers on TikTok promoting food and beverage products where it is not always made clear the influencer is being paid to promote these products or has a material connection to the brand,” the lawmakers concluded. “The FTC must find ways to protect children from advertising in digital media and prioritize the publication of updated Guides that give specific guidance on how to avoid harm when using endorsements in marketing aimed at children. Once the Guides are updated, it is important FTC take action against endorsements for unhealthy food and beverages in content directed at children.”

The letter is cosigned by U.S. Senators Martin Heinrich (D-NM), Alex Padilla (D-CA), Brian Schatz (D-HI), and Peter Welch (D-VT) and U.S. Representatives Dwight Evans (D-PA-03), Chuy Garcia (D-IL-04), Raul Grijalva (D-AZ-07), Barbara Lee (D-CA-12), Sheila Jackson Lee (D-TX-18), Chellie Pingree (D-ME-01), Jamie Raskin (D-MD-08), Deborah Ross (D-NC-02), Bonnie Watson Coleman (D-NJ-12) and Congresswoman Eleanor Holmes Norton (D-DC-AL).

To read the full text of the letter, click here.