NYS LEG: Protect Kids and Prioritize Predatory Marketing Prevention Act

ALBANY, NY (01/14/2025) (readMedia)-- Today, Governor Kathy Hochul issued her State of the State address, affirming her commitment to much-needed mental health and food policies to improve New Yorkers' well-being, including funding for healthy universal school meals. In response CSPI Senior Policy Associate Dr. DeAnna Nara issued the following statement:

"The Center for Science in the Public Interest applauds Governor Hochul for her leadership in championing public health initiatives, like her recently announced support for funding healthy universal school meals. While this is an important step, it does not address the broader challenges children face online. Digital platforms have enabled fast-food and beverage companies to employ sophisticated, targeted marketing practices that disproportionately affect youth, particularly those from marginalized communities, by promoting products linked to preventable health conditions. These tactics mirror the manipulative strategies once used by Big Tobacco and now employed by Big Tech. The Governor has shown leadership in protecting kids' mental health with nation- leading limits on addictive algorithms. We urge her to extend this leadership to physical health by prioritizing the Predatory Marketing Prevention Act (PMPA), which would define and restrict the targeted promotion of unhealthy foods and beverages to young people, building on existing protections against false and misleading advertising New York can set a precedent for equitable public health policy, ensuring a healthier future for all its residents."

BACKGROUND:

The PMPA tackles the commercial determinants of health, recognizing the extensive evidence linking food marketing to health disparities. Studies show that advertising for unhealthy foods not only normalizes poor dietary habits but also exploits vulnerable audiences through digital platforms that use data-driven behavioral manipulation.

Digital marketing strategies, such as advergames, social media influencers, and immersive content, are uniquely powerful in shaping behavior. A 2024 report by Healthy Eating Research revealed that digital food marketing disproportionately affects children, leading to increased consumption of nutrient-poor, calorie-dense foods and beverages. The report includes the Predatory Marketing Prevention Act (PMPA) as a policy recommendation, highlighting it as a critical measure to protect children from harmful and deceptive marketing practices while addressing significant health disparities.

False and misleading advertising of food products is already prohibited under NYS Law. Senate bill S213B/A4424B, sponsored by New York State Senator Zellnor Myrie and Assemblymember Karines Reyes, enhances these protections by explicitly addressing marketing aimed at young people and increasing penalties for violators. This legislation provides a critical tool to safeguard children from exploitative advertising practices that undermine their health.

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