KELLY A.

AYOTTE
NEW HAMPSHIRE

ilnitro
WASHINGTON, DC 20510
(202) 224-3324

May 18, 2011 I t/OO 'to Y-1,

Jon Leibowitz Chairman Federal Trade Commission 600 Pennsylvania Avenue, NW Washington, DC 20580 Dear Chairman Leibowitz:

'

It has come to my attention that the Federal Trade Commission, along with the Food and Drug Administration, the U.S. Department of Agriculture, and the Centers for Disease Control and Prevention, has proposed guidelines for nearly all food advertising directed to anyone under the age of 18.
I am concerned that these guidelines could potentially have the effect of suppressing commercial speech in order to steer consumer purchasing away from lawful products. This would work against the Commission's core mission of fostering free and fair competition. While recognizing that these standards are proposed as "voluntary," I would like to fully understand the Commission's basis for these guidelines. Moving forward, we must ensure that any rules established would be effective in reducing childhood obesity without infringing on constitutionally protected commercial speech. It is my understanding that there is no scientific evidence correlating food advertising with childhood and teenage obesity. In a 2005 report, the Institute of Medicine found no causal relationship between television advertising and obesity among youth. The FTC's own Bureau of Economics reported a 9% decline in children's food advertising in 2004 versus 1977, and recent studies by Georgetown Economic Services show that such advertising fell by an additional 50% over the last six years. This data indicates that, if followed, the proposed guidelines would not directly advance the government's interest in reducing childhood obesity. I am interested in hearing the Commission's views in response to these concerns, as well as the Commission's response to the following additional questions: (a) Please identify the precise scientific basis upon which it was determined that foods that FDA elsewhere defines as "healthy," or that USDA includes in its WIC program, should not be consumed by people under 18. (b) Please provide an explanation of the work the FTC has done to analyze the economic impact of the proposed advertising guidelines on food manufacturers, agriculture, media, entertainment, transportation, retail, and other appropriate sectors.

PRINTED ON RECYCLED PAPER

(c) Please describe the magnitude of the effect that the FTC expects to see on obesity rates as a result ofthese guidelines. If followed, these guidelines could present significant obstacles for the food manufacturing industry, which employs 1.5 million Americans, as well as farmers, ranchers, packagers, and transporters nationwide. At a time when unemployment stands at 9%, our economy can hardly afford to lose more jobs. Our children are our nation's greatest treasure. While I share your goal of ensuring healthy generations for years to come, I am concerned that instead of reaching this goal, the proposed guidelines would harm our economy, burden our workforce, and could ultimately restrict commercial speech. Thank you in advance for your prompt consideration of these requests.

Sincerely,

Kelly Ayotte U.S. Senator