Oh yeah last thing I wanted to mention, here are some of the reasons the FTC did not consider a regulatory push to be an option:
Criteria for proceeding with a ban of a form of advertising
FTC said:
The government may ban
forms of communication more likely to deceive the public than to inform it or commercial
speech related to illegal activity.56
For commercial speech that is neither misleading nor related to unlawful activity, however, the Court established a three-part test: (1) [t]he state must assert a substantial interest to be achieved by restrictions on commercial speech; (2) the restriction must directly advance the state interest involved; and (3) if the governmental interest could be served as well by a more limited restriction on commercial speech, the excessive restrictions cannot survive. 57
In subsequent cases, the Court has emphasized that a restriction on speech must directly
advance the state interest in more than a speculative or purely theoretical way. In addition, restrictions must be narrowly drawn, and alternative remedies are always preferable to restrictions on speech.
They felt that a regulation on commercial speech was a last resort, and felt, as others here have said, that education and self-regulation were a viable alternative. (Yet we haven't done that either). While I agree with this, their point was basically 'well I think we should try something else first, maybe these people should do that', which more or less removed any responsibility from the FTC. Which is fine, that's not their jurisdiction. However, nothing is really being done on the other educational end either. Honestly I think the Joe Camel discontinuation doesn't meet #3 of the criteria either, because they were doing educational campaigns as well. If we do the educational campaigns and they fail, can we go ahead and start banning things?
Other issues, also mentioned in this thread:
Difficulty defining what types of food to ban the advertising of:
FTC said:
The problems that surfaced in the 1970s rulemaking proceeding would also manifest themselves in any proposed rule with respect to food advertising. If the Commission were to attempt to restrict the advertising of junk food to children, it would first have to define junk food. There are no clear standards for doing this. Calorie count alone would not be supportable and would produce some anomalous results, for example, permitting advertisements for diet soft drinks while prohibiting those for fruit juice. A standard referencing some combination of caloric density and low nutritional value is superficially appealing as a place to start, but there would be difficult problems in setting scientifically supportable standards for both of these elements. It is noteworthy that the FDAs food labeling rule, which requires foods to have a minimum amount of certain nutrients before health claims can be made (the so-called jelly bean rule), actually has the effect of preventing health claims for many fruits and vegetables. 98
Good nutrition is about good diets, not simply about good versus bad foods. That principle should be particularly apparent in the case of obesity, because eating too much of an otherwise healthy diet will still lead to weight gain. Any effort to define junk food, for purposes of crafting and implementing advertising restrictions, likely would be fraught with even more difficulties than the effort to identify cariogenic foods in the kidvid proceeding
I can agree with this. It would be difficult to define exactly what to ban. However, just because I don't know how to do something doesn't mean that nobody else would either.
They also argued that advertising just shifts brand allegiances and not growth of an entire type of market. However, their main reference on this is a study from the 70s, which was before children were found to be an emerging market for advertisers, which caused an exponential increase in children's advertising in the 80s with deregulation of the industry. So while the initial ads just fought over market share, the huge increase in total ads increased increased the market size. I'm not a lawyer or anything, but I don't think their evidence was sufficient to come up with that conclusion.
Anyway, a last point: I posted this in the OP. It was evidence against what I was in favor of. Other people in the thread made the SAME arguments, yet when asked for evidence, they produced none, despite the fact that the evidence they could have pointed to was in the first post.
Still not sure the arguments hold up completely though. There are points I agree with on both sides. I went into the house meeting kind of skeptical, and I came out leaning one way, but still kind of skeptical. However, the goals of the group were more realistic, which was basically a campaign to get McDs to voluntarily stop these tactics, rather than go for some big legislation.