2015 -- H 5382

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION-UNHEALTHY FOOD AND BEVERAGE ADVERTISING

     Introduced By: Representatives McNamara, Solomon, Bennett, Azzinaro, and

     Date Introduced: February 11, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Legislative Findings:

     (a) Childhood obesity rates in the United States have risen dramatically over the past

thirty (30) years and today almost one-third (1/3) of American children are obese or overweight.

In 2013, sixteen percent (16%) of Rhode Island high school students were overweight and eleven

percent (11%) were obese. Poor diet and physical inactivity increase the risk for certain chronic

health conditions, including high blood pressure, type 2 diabetes, and obesity.

     (b) The medical costs of obesity are rising rapidly in the United States and are estimated

to be $147 billion per year. Roughly half of these obesity-related costs are paid by Medicare and

Medicaid, indicating that taxpayers foot the bill for obesity's medical costs. Obesity-related

health-care spending accounts for eight and one-half percent (8.5%) of Medicare spending, eleven

and eight-tenths percent (11.8%) of Medicaid spending, and twelve and nine tenths percent

(12.9%) of private payer spending.

     (c) The marketing of foods of poor nutritional value to American children contributes to

the rise in obesity by affecting children’s food preferences, choices, and diet. The amount of

money that the food industry currently spends on marketing and advertising to influence what

children choose to eat is twice the amount spent a decade ago. Young children ages twelve (12)

and under are especially vulnerable to these marketing and advertising strategies because they are

developmentally less able to comprehend their intent.

     (d) The mission of our schools is to educate our children. Increasingly, studies

demonstrate a relationship between healthy eating, regular physical activity, and students'

academic success. The Federal Centers for Disease Control and Prevention reports that students

who are physically active, and eat a nutritious diet receive higher grades than their classmates

who are physically inactive and eat foods that are less nutritious. Helping students to stay healthy

promotes academic success.

     (e) While national, state, and local efforts have improved the nutritional quality of foods

provided and sold in schools, some schools permit the marketing of foods high in calories, fat,

and sugar and of minimal nutritional value. That marketing includes sales, free samples, and

advertising of unhealthy foods; corporate-sponsored fundraising programs which encourage

students and their families to sell, purchase, and consume foods and beverages with little

nutritional value; incentive programs, which reward children with free or discounted foods or

beverages when they reach certain academic goals; sponsorship of school programs or events;

and branded educational materials.

     (f) Permitting the advertising of foods and beverages at schools that may not be sold there

interferes with school messages promoting good health and academic success. If children are

taught through school health and nutrition curriculum to limit their intake of these foods and at

the same time the foods are promoted by school-based advertising and marketing, the lessons of

school health and nutrition curricula are undermined. The marketing also undermines parents'

efforts to feed their children a healthy diet.

     SECTION 2. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

hereby amended by adding thereto the following section:

     16-21-7.1. Unhealthy food and beverage advertising prohibited in schools. -- (a)

Except as provided in subsection (b) of this section, a school district shall prohibit at any school

within the district:

     (1) The advertising of any food or beverage that may not be sold on the school campus

during the school day or of any corporate brand, unless every food and beverage product

manufactured, sold, or distributed under the corporate brand name can be served or sold on the

school campus during the school day. For purposes of this statute, food and beverages that may

not be sold on the school campus during the school day are those that do not meet the minimum

nutrition standards as set forth by the United States Department of Agriculture under the Healthy,

Hunger-Free Kids Act of 2010 Pub. L. No. 111-296, and federal regulations implementing the act

42 U.S.C. § 1779(b), and as set forth by the local school committee. Advertising is prohibited on

any property or facility owned or leased by the school district or school and used at any time for

school-related activities, including, but not limited to, school buildings, athletic fields, facilities,

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signs, scoreboards, parking lots, school buses or other vehicles, equipment, vending machines,

uniforms, educational material, or supplies.

      (2) The participation in a corporate incentive program that rewards children with free or

discounted foods or beverages that may not be sold on the school campus during the school day

when they reach certain academic goals; or

     (3) The participation in corporate-sponsored programs that provide funds to schools in

exchange for consumer purchases of foods and beverages that may not be sold on the school

campus during the school day.

     (b) Exceptions. The restriction on advertising in subsection (a) of this section shall not

apply to:

     (1) Advertising on broadcast, digital, or print media, unless the media are produced or

controlled by the local education agency, school, faculty, or its students;

     (2) Advertising on clothing with brand images worn on school grounds; or

     (3) Advertising contained on product packaging.

     (c) Definitions as used in this section.

     (1) "Advertising" means an oral, written, or graphic statement or representation,

including a company logo or trademark, made for the purpose of promoting the use or sale of a

product by the producer, manufacturer, distributer, seller, or any other entity with a commercial

interest in the product.

     (2) "Brand" means a corporate or product name, a business image, or a mark, regardless

of whether it may legally qualify as a trademark used by a seller or manufacturer to identify

goods or services and to distinguish them from competitors' goods.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION-UNHEALTHY FOOD AND BEVERAGE ADVERTISING

***

     This act would prohibit on any school campus the advertising of any food or beverage

that may not be sold on the school campus during the school day or of any corporate brand,

unless every food and beverage product manufactured, sold, or distributed under the corporate

brand name can be served or sold on the school campus during the school day.

     This act would take effect upon passage.

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