Bill would limit children’s toys in packaged meals

Restaurants would be prohibited from offering toys with meals that fail to meet nutritional standards set forth in a bill heard by the Agriculture Committee Feb. 1.

LB126, introduced by Lincoln Sen. Bill Avery, would prohibit restaurants and convenience stores from advertising, marketing, supplying or selling consumer incentive items associated with the purchase of a packaged child’s meal if the meal:

• exceeds 500 calories;
• exceeds 10 percent of calories from saturated fat with a maximum of 6 grams;
• contains more than 0.5 grams of artificial trans fat per item;
• exceeds 10 percent of calories from added sugars;
• exceeds 640 milligrams of sodium;
• includes less than 50 percent whole grain if the meal has a grain; and
• includes less than one cup of fruits or vegetables, not including fried vegetables.

The bill would set similar standards for breakfast meals.

Consumer incentive items would be defined as toys, games, vouchers or other prizes associated with packaged children’s meals.

The bill would direct the state Department of Agriculture to administer, implement and enforce regulations to carry out the bill’s provisions. The department estimates that initial costs to implement the bill would be $227,000 with ongoing costs of approximately $239,000 per year.

Avery said his bill is meant to provide better choices for parents when they select meals for their children. Some fast food businesses use toys to market their least expensive, least nutritious meals to children, he said.

One-third of Nebraska children are overweight or obese, according to Avery, who said his bill would provide an additional tool to fight childhood obesity.

“This is sensible legislation aimed at adjusting lifestyle choices and promoting the health and welfare of our [children],” Avery said.

Dr. Bob Rauner, representing the Nebraska Medical Association, testified in support of LB126. Children’s inability to distinguish educational information from advertising and their disposition to collect toys make them susceptible to marketing materials, he said.

“Any marketing directed toward a child under 12 is inherently deceptive and should be illegal,”
Rauner said.

Jim Partington, executive director of the Nebraska Restaurant Association, testified in opposition to the bill. Placing restrictions on restaurants will not lower childhood obesity rates, he said, because three-fourths of children’s meals are provided at home.

“We will make more progress against obesity as a nation if we avoid controversial legislation and rely on education about the benefits of a balanced diet, moderation, physical activity and maintaining a healthy lifestyle,” Partington said.

Roger Moody, representing the Nebraska Broadcasters Association, also spoke in opposition to the bill, saying it would unduly restrict commercial free speech. In order for such speech to be restricted, he said, the product advertised must be illegal or misleading and there must be a substantial government interest served by restricting the speech.

Moody also said the bill’s advertising restriction would cause problems for broadcasters, many of which are prohibited contractually from tampering with their network commercials, which could include restaurants advertising toys in children’s meals.

The committee took no immediate action on the bill.