This paper is one of four interrelated action papers resulting from the 2008 National Summit on Legal Preparedness for Obesity Prevention and Control. Summit participants engaged in discussions on the current state of the law with respect to obesity, nutrition and food policy, physical activity, and physical education. Participants also identified gaps in the law at all jurisdictional levels and relevant to numerous sectors and disciplines that have a stake in obesity prevention and control.The companion paper, “Assessment of Laws and (...) Legal Authorities for Obesity Prevention and Control,”identified numerous laws and policies enacted to target the three domains of healthy lifestyles, healthy places, and healthy societies. That paper identified several gaps in the law that require attention and action. This paper addresses those gaps and presents applicable laws and legal authorities that public health professionals and lawyers can consider to implement to close the gaps. (shrink)

Food advertising targeted at children is associated with the development of unhealthy eating habits and childhood obesity. In Spain, where one in every three children suffers from overweight, a voluntary regulation mechanism has been adopted to control such advertising, despite evidence of its ineffectiveness. This study's stated objective was to evaluate the grounds for implementing a policy that would ban the advertising of energy-dense, nutrient-poor food and beverages targeted at children in Spain, incorporating an ethical perspective in the analysis. Using (...) a bibliographic search of various databases, we reviewed the evidence for answering the seven questions posed by Walton et al.'s ethical evaluation framework, drawn up on the basis of the Nuffield Council on Bioethics Stewardship model. The results show that the proposed intervention is cost-effective, minimally intrusive, promotes healthy environments, acts on a vulnerable population, helps children lead healthy lifestyles, reduces social health inequalities, increases parents' individual freedom of choice and enjoys the support of scientists, health professionals and consumers alike. Accordingly, we feel that the time has come for food advertising directed to children in Spain to be statutorily regulated, by banning the promotion of EDNP products. (shrink)

In this article, I investigate whether states should regulate energy-drink marketing practices targeting gamers. Energy drinks are high-sugar, high-caffeine, non-alcoholic beverages that allegedly improve energy, stamina, cognitive performance, and concentration. First, I define what “gamer” means and identify the market agents that play a crucial role in the gaming community, including the energy-drink industry. In doing so, I analyze energy-drink marketing practices and explore calls for regulating them. Second, I draw parallels between regulation of energy-drink marketing and marketing of products (...) such as video games and comics with explicit violent and sexual content, tobacco, alcohol, and food high in fat, sugar, and salt. Third, I examine arguments to justify regulation of energy-drink marketing practices that target gamers. Lastly, I formulate an autonomy-based argument for regulating such marketing practices. (shrink)