June 17, 2024

Chair Lina M. Khan
Federal Trade Commission
600 Pennsylvania Ave NWWashington, DC 20580

Commissioner Rebecca Kelly Slaughter
Federal Trade Commission
600 Pennsylvania Ave NWWashington, DC 20580

Commissioner Alvaro Bedoya
Federal Trade Commission
600 Pennsylvania Ave NW
Washington, DC 20580

Commissioner Melissa Holyoak
Federal Trade Commission
600 Pennsylvania Ave NW
Washington, DC 20580

Commissioner Andrew N. Ferguson
Federal Trade Commission
600 Pennsylvania Ave NW
Washington, DC 20580
Dear Chair Khan, Commissioner Slaughter, Commissioner Bedoya, Commissioner Holyoak, andCommissioner Ferguson:
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 the riskof chronic disease.1 The Centers for Disease Control and Prevention estimates the number of children inAmerica who have type 2 diabetes will increase by nearly 700% over the next four decades if we do nottake steps to reverse course.2 With an expected $7 billion to be spent on influencer marketing in theUnited States in 2024, the Federal Trade Commission (FTC or “Commission”) has an important role toplay in protecting America's consumers, and we urge the Commission to intervene.3
We appreciate the work at FTC to explore the trends in industry expenditure and food marketing tochildren and to issue the Review of Food Marketing to Children and Adolescents – Follow-Up Report.
Unfortunately, this work was completed in 2012, using data from 2009, and FTC has not updated itsince.4 Understanding the importance of this issue, Congress directed FTC to issue an update to this1

McCarthy, Catherine M., et al. “The influence of unhealthy food and beverage marketing through social media andadvergaming on diet‐related outcomes in children—a systematic review.” Obesity Reviews, vol. 23, no. 6, 17 Mar. 2022,
https://doi.org/10.1111/obr.13441.
2
Centers for Disease Control and Prevention. “Diabetes in Young People Is on the Rise.” Centers for Disease Control andPrevention, www.cdc.gov/diabetes/data-research/research/young-people-diabetes-on-rise.html.
3Gilbert, Caitlin, et al. “FTC Cracks down on Food Industry for Paid Dietitian Influencer Posts.” The Washington Post, 15
Nov. 2023, www.washingtonpost.com/wellness/2023/11/15/ftc-food-industry-dietitians-tiktok/.
4
Federal Trade Commission. “A Review of Food Marketing to Children and Adolescent.” Federal Trade Commission,
https://www.ftc.gov/reports/review-food-marketing-children-adolescents-follow-report.

report by June 2023 as part of the Consolidated Appropriations Act, yet this has not yet been released.5
We urge you to work expeditiously to complete the review and update this report given how drasticallymarketing to children has changed since 2012.
We reiterate the instruction from Congress that FTC, in its updated report, pay special attention to digitalmarketing, 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. We further urge
the FTC to provide additional clarity to its guidance documents, and to use its existing authority to better
enforce disclosure rules. This marketing is impacting the health of the children in our country,
disproportionately targeting Black and Latino youth. The critical work at FTC will shed light on theseharmful practices and must be completed.
Data is needed to understand the full extent of online marketing to children. In the 12 years since thatreport was published, the advertising landscape has shifted dramatically, influenced by the growth of
online platforms, new technologies, increased spending on advertising, and the use of user data andcomplex algorithms.6,7,8,9 Research has also shown that food and beverage companies havedisproportionately marketed unhealthy products to Black and Latino youth on television.10 A studyfound that Black children were exposed to between 86 and 119 percent more food and beverage TV ads
than their White peers.11 With traditional television viewership declining, companies are investing morein online advertising, which allows for ad targeting based not only on race and ethnicity, but also
location, interests, and other factors.12 An updated FTC report would shed light on how digital marketingof unhealthy food and beverages is impacting youth, and benefit legislative, regulatory, and industry
efforts to regulate food marketing to children.
Today, many influencers catering to young audiences are promoting products that are popular amongchildren 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 madeclear the influencer is being paid to promote these products or has a material connection to the brand.
Research has shown advertising to children is inherently unfair and deceptive as they are unable to5

United States, Congress, Financial Services and General Government Appropriations Bill, 2023. Congress.gov, 2022.
S.2020, 117th Congress, https://www.congress.gov/117/crpt/hrpt393/CRPT-117hrpt393.pdf. Accessed 24 May 2024.
6Chen, Brian X. “The Battle for Digital Privacy Is Reshaping the Internet.” The New York Times, 16 Sept. 2021,
www.nytimes.com/2021/09/16/technology/digital-privacy.html.
7“Digital and Non-Digital Advertising Revenue.” Pew Research Center, 27 July 2021, www.pewresearch.org/chart/sotnmdigital-and-non-digital-advertising-revenue/?tabId=tab-624eec00-c690-4080-b3cc-673ac491b2d4-chart.
8Adams, Peter. “Ad-Spending Market Continues to Recover, Though 2024 Presents Mixed Picture.” Marketing Dive, 4 Dec.
2023, www.marketingdive.com/news/global-ad-spending-outlook-2024-media-predictions/701436/.
9Rayport, Jeffrey F. “Is Programmatic Advertising the Future of Marketing?” Harvard Business Review, 27 Aug. 2021,
hbr.org/2015/06/is-programmatic-advertising-the-future-of-marketing.
10
Harris, Jennifier L., et al. “Rudd Report: Targeted Food and Beverage Advertising to Black and Hispanic Consumers: 2022
Update.” University of Connecticut Rudd Center for Food Policy and Health, Council on Black Health, Salud America, Nov.
2022, https://uconnruddcenter.org/wp-content/uploads/sites/2909/2022/11/Rudd-Targeted-Marketing-Report-2022.pdf.
11Harris, Jennifier L., et al. “Increasing Disparities in Unhealthy Food Advertising Targeted to Hispanic and Black Youth.”
University of Connecticut Rudd Center for Food Policy and Health, Jan. 2019,https://uconnruddcenter.org/wp-content/uploads/sites/2909/2020/09/TargetedMarketingTwoPagerBlackConsumers.pdf .
12
Valinsky, Jordan. “For the First Time Cable and Broadcast Makes up Less Than Half of TV Viewing.” CNN, 15 Aug.
2023, https://www.cnn.com/2023/08/15/media/cable-broadcast-tv-decline-nielsen-report/index.html.

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recognize persuasive intent.13 We are particularly concerned with endorsements directed at children on
TikTok as children are able to view content on TikTok without an account, opening the door for younger
children to be exposed to this content.14 Given that TikTok did not exist when FTC completed the last
review of food marketing to children, it is critically important that the report is updated.
In 2020, YouTube banned in-stream food ads on YouTube Kids and while this step was wellintentioned, it did not address food marketing in user-uploaded content or content aimed at children on
the regular YouTube platform. Research has demonstrated that snacks and other junk food are featured
in content specifically aimed at kids on YouTube. A study found that 65% of videos from the mostpopular "kid influencers" on YouTube contained at least one appearance of food.15 To emphasize thekinds of food and beverages being advertised, the study found that of all "branded appearances" studied,
42% were for candy, while "sweet/salty snacks, sugary drinks, and ice cream" made up a combined 32%of the appearances on the influencers' channels and content. Of the videos included in the study, only
one video disclosed a paid endorsement for a food brand. As YouTube’s policy only covers in-stream
ads on YouTube Kids, it can be complemented by enhanced FTC guidance on disclosures in advertisingcontent aimed at children and further enforcement of this guidance.
In June 2023, FTC announced an update to its “Guides Concerning the Use of Endorsements andTestimonials in Advertising” (Guides) to reflect current advertising trends, and later took action against
the food industry and health professional influencers for inadequate disclosure on social media posts
promoting aspartame and sugary products.16,17 We applaud these efforts, particularly new guidance thataddresses product endorsements directed to children. However, we are concerned that FTC has notprovided enough clarity on heightened disclosure practices for endorsements aimed at children.
The Commission has stated that endorsements in advertisements directed to children, like thosedescribed above, may be of special concern given that cognitive research suggests disclosures will notwork for younger children. We agree, and therefore urge FTC to give more specific guidance todiscourage violations aimed at youth. FTC previously urged advertisers and endorsers to be “particularlycareful in their use of endorsements directed to this audience.”18 This short advice is too vague, and it isdifficult for advertisers and endorsers to understand what heightened endorsement practices for ads
aimed at children should look like without further guidance. The FTC must find ways to protect children
13Carter, Owen B J, et al. “Children’s Understanding of the Selling Versus Persuasive Intent of Junk Food Advertising:
Implications for Regulation.” Social Science and Medicine, vol. 72, no. 6, March 2011, pp. 962-968.
https://doi.org/10.1016/j.socscimed.2011.01.018
14TikTok. “Browse as guest.” TikTok, https://support.tiktok.com/en/log-in-troubleshoot/log-in/browse-as-guest.
15
Fleming-Milici, Frances, et al. “Prevalence of Food and Beverage Brands in “Made-For-Kids” Child-Influencer YouTube
Videos: 2019–2020.” Pediatric Obesity vol.18, no. 4, Feb. 2023. doi:10.1111/ijpo.13008.
16
Federal Trade Commission. “Federal Trade Commission Announces Updated Advertising Guides to Combat Deceptive
Reviews and Endorsements.” Federal Trade Commission,
https://www.ftc.gov/news-events/news/press-releases/2023/06/federal-trade-commission-announces-updated-advertisingguides-combat-deceptive-reviews-endorsements.
17
Federal Trade Commission. “FTC Warns Two Trade Associations and a Dozen Influencers About Social Media Posts
Promoting Consumption of Aspartame or Sugar.” Federal Trade Commission, https://www.ftc.gov/news-events/news/pressreleases/2023/11/ftc-warns-two-trade-associations-dozen-influencers-about-social-media-posts-promoting-consumption .
18
Federal Trade Commission. “FTC’s Endorsement Guides: What People Are Asking.” Federal Trade Commission,
https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking .

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from advertising in digital media and prioritize the publication of updated Guides that give specificguidance on how to avoid harm when using endorsements in marketing aimed at children. Once theGuides are updated, it is important FTC take action against endorsements for unhealthy food andbeverages in content directed at children.
We appreciate the FTC’s consideration of this letter and we hope to see the FTC further its work toprotect children from online marketing of unhealthy foods and beverages.
Sincerely,

Cory A. Booker
United States Senator

Richard Blumenthal
United States Senator

Bernard Sanders
United States Senator

Rosa L. DeLauro
Member of CongressEleanor Holmes Norton
Member of Congress

Chellie Pingree
Member of Congress

4Peter Welch
United States Senator

Raúl M. Grijalva
Member of Congress

Bonnie Watson Coleman
Member of Congress

Deborah K. Ross
Member of Congress

Brian Schatz
United States Senator

Sheila Jackson Lee
Member of Congress

Barbara Lee
Member of Congress

Dwight Evans
Member of Congress

Jesús G. "Chuy" García
Member of Congress

Jamie Raskin
Member of Congress

5Martin Heinrich
United States Senator

Alex Padilla
United States Senator6