AMY KLOBUCHAR

MINNCSOTA

COMMmEES:
AGRiCULTURE. NUTRITION, AND FORESTRY COMMERCE, SCIENCE, AND TRANSPORTATION JOINT ECONOMIC COMMITIEE JUDICIARY

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WASHINGTON, DC 20510

May 24, 2011

The Honorable Jon Leibowitz Chairman Federal Trade Commission 600 Pennsylvania Ave. NW Washington, D.C. 20580 DearChairman Leibowitz:

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lam writing in regard to the Preliminary Proposed Nutrition Principles for Food Marketed To Children (Proposed Principles), released by the Federal Trade Commission (FTC) and the Interagellcy Working Group (lWG). As I have expressed in the past, 1have concerns about the Proposed Principles. As written, the Proposed Principles have the potential to effectively ban advertising for' a broad range of food products, including those generally considered to be part of a healthy diet like low-fat yogurt and certain breads containing whole grains. Some foods deemed appropriate for inclusion in our federal feeding programs, such as the Women, Infants, and Children (WIC) Program and the National School Lunch Program, could 110t be advertised. For example, 2% milk is currently allowed in the \VIC food package, but is specifically excluded in the lWG's Proposed Principles. Although the Proposed Principles arc rcfelTed to as "voluntary," they appear to effectively set a mandatory standard for food advertising while avoiding thercquirements for government action typically ncededJor new guidelines. I urge the PTCta give consideration to the consequences oftheProposed Principles on consumers, as well as on important segments of the U.S. economy including food and agriculture. Specifically, I request that the FTC examine and provide responses to the following questions:
1.

How do the FTC and the lWG expect the Proposed Principles to rcducethe incidence ofchildhood obesity?

2. Given the FTC's historical recognition of the consumer benefits of non-deceptive advertising, arc the Proposed Principles a departure from the FTC's existing enforcement policies? 3. How docs the FTC intend to enforce the Proposed Principles? Thank you for your attention to this malter.

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Sincerely,

.United States Senator

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