Regulation of fast food restaurant marketing and retail practices

Introduction Research indicates that fast food consumption is independently associated with poor nutrition and increased risk for obesity. The most frequent fast food purchases include French fries, processed meat, and soda, which are also associated with weight gain. Children who attend schools within half a mile of a fast food restaurant have been found to consume more soda and fewer vegetables and are more likely to be overweight or obese.

Approach Cities have attempted to address this fast food environment by enacting innovative solutions including banning trans fats, enacting ordinances proscribing the sale of food accompanied by a toy unless the meal meets certain nutritional standards, and restricting the serving size of sugary beverage permitted for sale.

Results These innovative solutions have led to positive outcomes but also have provoked backlash by state legislatures that have passed preemptive laws blocking the ability of their local jurisdictions to pass similar measures.

Discussion This presentation will explain legally viable options to address fast food restaurants' marketing and retail practices by state and local governments, including the use of taxation strategies, zoning ordinances, retail signage requirements and the legality of regulating other retail practices, such as serving size. It will address strategies to overcome legal barriers to such solutions and provide an update on the federal menu label law.