choof.org

October 01, 2002

Lancet Recommends Limits on Ads to Children

The stars are in alignment...one is used to reading about the harmful effects of commercial child molestation in Adbusters. Now, you can read about it in the Lancet.

Commercial child molestation is out of control as a result of a 1980 law that forbids the Federal Trade Commission from using its authority to declare that children's advertising is unfair. As a result, the agency could only pursue children's advertising under the "deception" theory, which basically requires some affirmative misrepresentation before the agency can act.

Here is the partial CRS summary of P.L. 96-252, a bill that reauthorized the FTC in 1980:

[...]

Eliminates the authority of the FTC to promulgate any rule in the pending children's advertising proceeding, or in any substantially similar proceeding, on the basis that such advertising constitutes an unfair act or practice in or affecting commerce. (Leaves unaffected other authority of the FTC to regulate such area.) Suspends through fiscal year 1982 the FTC's authority to regulate commercial advertising on the basis of such unfairness standard.

Suspends the children's advertising proceeding until the Commission complies with a new rulemaking provision, which requires the FTC to include in the proposed rulemaking notice the text of the rule and alternatives.

Posted by chris at October 1, 2002 10:54 AM