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of tbt 8ttittb iiWatt!j
8a.IfJingttm, J)C .20515
July 18, 2011
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The 'vnsaAUc
The HOnomble Kathleen Sebelius
Secretary r i
U.S. ofAgriculture U.S: Department of Health and Human Services
1400 Al'!eD11e, SW
200 Independence Avenue, SW
Was.hiDgtoD1 DC 2025() , Washington, D.C. 20201 /
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The iron,uJi,ovm
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W1UUIAlol ; ! j' ,!'
Federal 1#:0 eomnUhsion
600 Pennsyl .: Av.ue"N.W.
Wasbingto.tiJ 20Sli1) i .
Dear Seicretary SebeJius, and Chainnan Leibowitz:
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the leading confectionery producing state- in the providing over
21,000 jobs and producing approximately 59.3 billion worth ofconfBotionery
' we,writa: to express our significant and immediate concerns over the
.' INUfLii,:lion Principles Food Marketed to by .
Wodting ': We. SIJroneJ,y urge you to wrthdmw these overreaching, and pnnClples
that blat.ant1y,discriniiliate*gainst an industry that has made extensive voluatmy strides over the
years to advertising1to children..
The gul&lines represent an alanning regulatory overreach on the part 0fmembers
ofthe wditing As you know, the FY 2009 Omnibus AppropriatioD8 Act
difected theJIfIDA, F1C, CDC) and FTC to complete a study and to provide reeommen.dations
in the·form tflt f:' Congress. However, for reasons that reJilain llflc,ear, the IliteragenCY
W-01'k.iJtg!G!nI1,P' fj .' to complete the study or deliver a report, but instead proceeded to propose
sweeping . etiIJg guidelines. While the principles put forth by the :rntm'aaency
!.' are they are still cause for concern as they appear to be an a.ttc;1npt to
regtilate ab , :congn;t!isioUal action. At a time ofbudget constraints and competing ageney
priorities, sidjGuhllirtg w!leam that valuable agency resources have been diverte4 to'seek
objeetives . ijyond rihe iiIltent ofCongress .
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Un* diese nutrition standards, D10st food and beverage preducts manufactured
inthe state could no longer be marketed to children and teens. In 841ditioll, the
Interagency.['WtMrldnl flJroup proposed . marketing restrictions 'have the potential to impede the
__== involvement ofmany of Pennsylvania's leading fuod and
beV( ?,e cd " .es, c:spe(jfially those that manufacture and market the vast majority ofehocolate
and tat: '. netiy saId in the United States. By broadly defining marketUlgto include
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llt-of-s4ie d!t;plays, sponsorships well as television, radio, print·and
media, ce aMes wOilld not be pemutted to use eqwty charactets or sports heroes on 'many
packages nQilonger design and market seasonal shaped and seasonal wrapped
products, Slibh) as choqolate Easter Bunnies and chocolate Santas.
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In a4di!tion. lumting the ability ofcompanies or brands to sponsor local and national
events and teans. especially when those sponsorships would be visible to teen audiences,
would imp.t .tonty.major entertainment events, but also and perhaps more imPot'tantly,
remove one!btttle small businesses lend their support to communities. Intustry has .
made great Strides 011: "vemsing through self regulation. We urge you ail to examine the
Children's and! Advertising Initiative and the enOImOUS progress mde over the
past . i
the need to address the growing trend:ef cbHdhood obesitY, food
marketing oidy one aspeitt ofthe larger puzzle. Lack ofphysical activity, unheaItlily eating
habits, and lS4»Cialilfactors, such as socio·economic status, are additional contributing
factors of accordingto the Department ofHealth and Human Services. .
IronicaJIy, tile. gui .. :ncs1would restrict companies· efforts to help improve physical fitness in
their local mbIs, by . bi1:dlting them from .sponsoring school and community-based athletic
It is put forth a set of industry guidelines that inherently contradict
federal are not IIBsed on sufficient research and analysis. For these reasons we urge
you to with .. 'the Prelintlnary Proposed Nutrition Principles to Food Marketed to Children
and the direction to complete the study required by Congress and
comply Order 13653 by assessing the cost ofthe proposed marketing restrictions,
ensuring j-listify the costs, and clearly demoastrating that the proposed restrictions
will help codsumers iealthy diets, based on objective science.

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Foocl and
1094b New munpshire Ave
Silvctrt $pring;, :MD 20993-0002
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Centt:r$ !for and Prevention
12 Bkebldive .,ark Drive, NE
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