Report Title:

Childhood obesity; marketing

Description:

Prohibits certain marketing techniques of certain food products and beverages.

HOUSE OF REPRESENTATIVES	H.B. NO.	1674
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to advertising.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that childhood obesity represents a far reaching problem in our State.  While childhood obesity can lead to social stigmatization, compromised health, and lower educational performance in the short term, the long-term effects of obesity include the onset of diabetes, increased risk of heart disease, and increased health care and health insurance costs.  Each problem by itself represents a strain on state financial resources, and a long-term cost that diverts funding from other important government functions, including public safety and education.

The legislature also finds that a restriction on the advertising of food products and beverages that do not meet current department of education nutrition standards directly advances the state's interest in combating childhood obesity as the advertising for food products and beverages that directly contribute to childhood obesity make prevalent use of licensed characters and advertising on children's television programs.

     The legislature further finds that this restriction on advertising is not more restrictive than necessary to serve the state's interest as the restriction does not affect advertising on different programs nor does it prevent the use of forms of advertising other than the use of licensed characters.  The purpose of this Act is to restrict the advertising of certain food products and beverages.

     SECTION 2.  Notwithstanding any provision of the law to the contrary, food products or beverages that do not meet the department of education's nutritional standards number two or six shall not be advertised within the state through the use of licensed characters or on children's television programs.

     For purposes of this Act, "children's television programs" means television programs designed for and marketed to children, normally broadcast during the morning, afternoon, and weekends, and whose main purpose is to entertain or educate children on basic life skills, ideals, or values.

     "Licensed characters" means characters, usually cartoons, that are licensed by their creators to mass marketers or businesses, whereby a royalty is paid to the license owner when a product bearing their image is sold or is used in advertising.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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