Food Advertising to Children: What U.S. Law Says About Marketing Regulations

 

In a world where children are constantly bombarded with messages from screens, food advertising aimed at kids has become a serious public health concern. From cartoon characters on sugary cereals to catchy jingles in fast food commercials, these marketing strategies can strongly influence children’s eating habits, often in ways that harm their health.

But what does U.S. law actually say about food marketing to children? Who’s responsible for regulating it? And what are companies allowed, and not allowed, to do?

In this article, we’ll explore how food marketing to children is regulated in the United States, especially under the guidance of the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA), and discuss what families and communities can do to protect kids from deceptive advertising.

The Power of Marketing: Why It Matters

Children are particularly vulnerable to advertising. Unlike adults, they are still developing the cognitive skills needed to understand persuasive intent — in other words, they often can’t tell when they’re being marketed to.

According to the Centers for Disease Control and Prevention (CDC), nearly 1 in 5 American children is affected by obesity. One of the key contributing factors? Food and beverage marketing. Research from the Rudd Center for Food Policy & Obesity shows that:

• In 2021, food companies in the U.S. spent over $1.8 billion on marketing directly to children and teens.
• Over 80% of food ads viewed by children were for products high in sugar, fat, and sodium.
• Children see an average of 10 to 16 food-related ads per day, most of them during entertainment programming.
• This constant exposure helps normalize unhealthy eating habits, which can follow kids into adulthood.

Who Regulates Food Advertising in the U.S.?

In the United States, there is no single law that bans food advertising to children, but the regulation is shared across several federal agencies:

Federal Trade Commission (FTC)

The FTC is responsible for preventing deceptive and unfair advertising practices. Under the Federal Trade Commission Act, advertising must be truthful, not misleading, and based on scientific evidence.

While the FTC doesn’t prohibit child-directed food marketing, it can take action against companies that make false or exaggerated health claims — for example, claiming that a sugary cereal "boosts immunity" without scientific proof.

Food and Drug Administration (FDA)

The FDA regulates food labeling and health claims on packaging. For example, it controls whether a product can legally use phrases like “low fat,” “reduced sugar,” or “healthy.”

While the FDA does not directly regulate advertising content on television or social media, it ensures that nutrition claims used in ads match what's on the label — and that ingredients and calorie counts are disclosed properly.

Children’s Television Act (CTA)

This act, enforced by the Federal Communications Commission (FCC), limits the amount of advertising during children’s programming. For example, broadcasters cannot air more than 10.5 minutes of ads per hour on weekends and 12 minutes per hour on weekdays during kids’ shows.

However, the CTA does not restrict the content of food advertisements — meaning sugary snack ads are still allowed as long as they follow time limits.

Industry Self-Regulation: Is It Working?

In the absence of strong federal restrictions, the food industry has voluntarily adopted guidelines through initiatives like the Children’s Food and Beverage Advertising Initiative (CFBAI). Major food companies like Kellogg, General Mills, and McDonald’s have pledged to limit child-directed marketing to "better-for-you" products.

But critics argue that these self-imposed standards are too weak and inconsistent. A 2022 report from the Center for Science in the Public Interest (CSPI) found that:

Most products marketed under the CFBAI still do not meet basic nutrition standards set by health experts.

Many ads continue to target children using cartoons, games, influencers, and YouTube videos, often blurring the line between entertainment and marketing.

Examples of Legal and Ethical Concerns

Permitted

• Showing a sugary cereal ad during a cartoon show, as long as the claims are truthful.

• Using animated characters on packaging to appeal to children.
• Advertising fast food meals with toys, a common but controversial tactic.

Not Permitted

• Making false health claims, like saying a product “prevents colds” without scientific evidence (FTC violation).
• Misleading visuals, for instance, exaggerating the amount of fruit in a product that only contains artificial flavoring.
• Hiding sponsored content aimed at children on platforms like TikTok or YouTube.

How Can Parents and Communities Respond?

While government regulation still has gaps, families and educators can play a key role in protecting children from manipulative marketing.

Here are some proactive steps:

• Talk with children about what advertising is and how it tries to persuade.
• Limit screen time and use ad-free platforms or streaming services.
• Support legislation for clearer food labeling and stricter ad guidelines for children's media.
• Advocate for responsible marketing by reaching out to companies and supporting public health campaigns.

A Shared Responsibility

Food marketing aimed at children is a complex issue that touches on health, consumer rights, education, and ethics. While the U.S. legal system doesn’t outright ban these ads, there are clear guidelines that prohibit deception and aim to encourage more responsible practices.

Protecting children requires more than laws — it calls for collective awareness and action. Whether you’re a parent, teacher, policymaker, or business owner, we all have a role to play in creating a healthier food environment for the next generation.

Sources:

• Federal Trade Commission (www.ftc.gov)
• U.S. Food and Drug Administration (www.fda.gov)
• Centers for Disease Control and Prevention (CDC)
• Center for Science in the Public Interest (CSPI)
• Rudd Center for Food Policy and Obesity
• Children’s Food and Beverage Advertising Initiative (CFBAI)