January 22, 2015

TO: JPA Members

FROM: Patricia Faison

RE: JPA Regulatory Update
(1) Recommendations for Marketing Food to Children
(2) FDA Grant Program to Fund Safety Training, Education and Technical Assistance

Recommendations for Marketing Food to Children
According to a press release recently issued by the Center for Science in the Public Interest (CSPI), available here, “a panel of experts convened by Healthy Eating Research, a program of the Robert Wood Johnson Foundation, has issued recommendations for company policies on food marketing aimed at children.” The report, “Recommendations for Responsible Food Marketing to Children, available here, states the expert panel was convened “to provide a comprehensive set of model definitions for food marketing practices directed to children.” The panel defines child-directed marketing as “any marketing that targets children from birth through 14 years of age.” While the panel refers to nutrition criteria throughout the report, the panel did not develop nutrition criteria for foods marketed to children. There are no recommendations specifically related to juices.

In part, the expert panel recommends the following:

• Brands marketed to children should only contain foods that meet nutrition criteria.
• Companies should not market products within brands that contain other products that do not meet nutrition criteria unless the product that meets nutrition criteria is the key focus and featured prominently in the marketing.
• If the net impression of the marketing in retail environ¬ments suggests that it is directed at children, then any marketing should be solely for food and beverages that meet nutrition criteria.
• If the net impression is that the setting, activity, or event is directed to children, then any marketing should only be for foods and beverages that meet nutrition criteria. Companies should not display a company brand, logo, character, or other company identifier for foods or brands that do not meet nutrition criteria.
• Advertising or marketing in any school, including pre¬schools and elementary, middle, and high schools, is by definition child-directed and should only promote food and beverage products or brands that meet nutrition criteria.
• Foods and beverages advertised or marketed through media targeted to children should meet nutrition crite¬ria, including through: television, radio, print (e.g., magazine, billboards, books), and digital platforms (e.g., cell phones, tablets, laptop computers) and movies, videos and video games.

The Issue Brief is available here. Information regarding Healthy Eating Research is available here.

FDA Grant Program to Fund Food Safety Training, Education and Technical Assistance
The Food and Drug Administration (FDA) recently issued a Constituent Update, available here, announcing the Agency has partnered with the USDA’s National Institute of Food and Agriculture (NIFA) to administer and manage the National Food Safety Training, Education, Extension, Outreach and Technical Assistance Program. Under the program, the Agencies will provide funding to small farmers and food processors for food safety training, education and technical assistance consistent with the FDA Food Safety Modernization Act (FSMA) standards.

Please contact me with questions or comments.

Patricia Faison
(404)252-3663
pfaison@kellencompany.com

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