Junk Food Ad Ban for Kids Raises Major 1A Concerns

A bill that would ban junk food advertising directed at children under 13 faces significant First Amendment concerns, major advertising trade groups said in a letter sent to lawmakers Tuesday.

The Childhood Diabetes Reduction Act of 2026, introduced by Sen. Bernie Sanders (I-Vermont), would prohibit companies from marketing or advertising junk food “in a manner that reasonably appears to be directed at children.” 

The measure also includes requirements for warning labels on junk food products.

In a letter addressed to Sanders and Sen. Bill Cassidy (R-Louisiana), the Association of National Advertisers, American Association of Advertising Agencies, and American Advertising Federation argued that the legislation would unconstitutionally restrict protected commercial speech.

“The bill would regulate truthful, non-misleading advertising concerning products that may lawfully be sold in commerce,” the groups wrote. They warned that it “may have the practical effect of discouraging lawful advertising for ordinary food and beverage products,” including restaurant ads, even when children are not the primary audience.

The bill defines child-directed advertising through broad and subjective criteria, such as the use of “fun or fantasy” themes, cartoon characters, social media influencers, free toys, interactive games, or apps. 

The ad groups said these factors “are inherently subjective,” making compliance difficult, and noted that many are “commonly used in mainstream advertising regardless of the intended audience.”

The legislation would also deem ads child-directed if placed in media where children make up at least 30% of the audience — a threshold the groups called low enough to “encompass a substantial portion of mainstream media.”

“While well-intentioned, this bill misses the mark by imposing broad restrictions on protected commercial speech that may extend well beyond advertising directed at children, while relying on vague standards that create substantial uncertainty regarding the scope of the prohibition,” the organizations concluded.

Some public health advocates support the measure. The National Center for Health Research said this week that the bill “would greatly improve children’s health by banning ads for junk food that are aimed at children.”