CSPI Applauds NYS Senate's Inclusion of Predatory Marketing Prevention Act in One-House Budget

ALBANY (03/12/2025) (readMedia)-- The New York State Senate has taken a crucial step toward protecting public health by including the Predatory Marketing Prevention Act (S397/A2584) in its one-house budget resolution. Working in tandem, the New York State Assembly Committee on Consumer Affairs and Protection has also advanced this critical legislation, moving it forward in the legislative process. The Center for Science in the Public Interest (CSPI) commends these efforts and calls on the full legislature to pass the bill and safeguard New York children from harmful food and beverage marketing practices.

CSPI Senior Policy Associate Dr. DeAnna Nara issued the following statement:

"The Center for Science in the Public Interest applauds the New York State Senate for prioritizing children's health by including the Predatory Marketing Prevention Act in its one-house budget and commends the Assembly Committee on Consumer Protection for advancing this vital legislation. This bill is essential to protecting children and families from misleading marketing of unhealthy food products that reinforces harmful eating habits and threatens their health. As diet-related diseases continue to rise, particularly among communities of color, now is the time for decisive action. We urge the full legislature to advance and pass this bill to protect New York youth from exploitative marketing practices and promote healthier futures."

BACKGROUND:

The Predatory Marketing Prevention Act aka PMPA (S397): Strengthens existing consumer protections by explicitly defining and restricting misleading targeted marketing of unhealthy foods and beverages to children and adolescents. The legislation builds on New York's existing false advertising laws, ensuring that youth are not unfairly manipulated into consuming ultra-processed products that negatively impact long-term health.

Why Food Marketing Needs Reform:

• Influence on Consumer Behavior: Through marketing, the food industry exerts a heavy influence on how and where people make their food-purchasing decisions. For young people, fast-food advertising and processed food marketing may be particularly exploitative, steering their food preferences through early exposure and swaying their parents and caregivers' food purchases.
• Bloated Budgets for Predatory Marketing: According to the Federal Trade Commission, food companies spent nearly $2 billion marketing to youth in 2009 (the last year for which data are available). In 2019, fast-food restaurants spent $5 billion in total advertising, an increase of over $400 million (9%) vs. 2012. Notably, communities of color are disproportionately targeted; Black children see 75% more fast food ads than their white peers.
• Chronic Disease Risk: According to a 2024 report by Healthy Eating Research, digital food marketing disproportionately affects children, leading to increased consumption of nutrient-poor, calorie-dense foods and beverages linked to preventable health conditions such as diabetes, heart disease, and stroke.