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While McDonald's reportedly spent $500 million on the "We love to see you smile" ad campaign, the National Cancer Institute's "5-a-Day" campaign spends just $1 million a year to promote eating five daily servings of fruits and vegetables.
The government's entire budget on nutrition education is estimated at just a fifth of the advertising budget for Altoids mints, says Marion Nestle, a New York University professor and author of the soon-to-be released Food Politics: How the Food Industry Manipulates What We Eat to the Detriment of Our Health.
"It's not fair," Nestle said. "People are confronted with food in every possible way to eat more. The function of the food industry is to get people to eat more, not less."
Targeting Saturday Morning Fare
The purpose behind suing food companies would be both philosophical and economic and resembles the logic of the tobacco litigation, explains Banzhaf, who helped craft the tobacco lawsuits. "If there are products the use of which cause large costs, grave costs, it is better that the burden of those costs fall on people who use and make the products rather than third parties or the general public," he said.
For some, it may be difficult to buy the argument that companies should be blamed for what adults eat. For that reason, some health experts suggest a campaign against marketing junk food to children would be more successful, just as the anti-smoking campaign went after Joe Camel ads.
Four out of five food ads market products attractive to kids, CSPI says, such as sugary cereal, snack food, soft drinks and fast food.
For years, nutrition activists have attempted, unsuccessfully, to get junk food ads off Saturday morning television, long the domain of commercials featuring kid-friendly characters hawking sugary, high-calorie foods.
Junk food in schools have also been the longtime bane of many nutrition experts. Although school lunches must meet federal dietary standards, vending machines and snack bars are not required to withstand nutritional scrutiny and often bring multi-million dollar contracts between corporations and school districts.
"Certainly, fast food is marketed overtly to children and my guess is if you looked closely around the internal documents of the fast food industry and processed food industry it would shock me if they didn't have very sophisticated studies about their consumers," said Richard Nagareda, Vanderbilt University Law School professor. "Whether you can take that to the level of a successful lawsuit is not so clear."