From: Lin Kaatz Chary [lchary@uic.edu] Sent: Monday, September 09, 2002 4:48 PM To: FDA Chief Counsel Daniel Troy Subject: RE: FDA Docket # 02N-0209 Lin Kaatz Chary 7726 Locust Avenue Gary, IN 46403 September 9, 2002 FDA Chief Counsel Daniel Troy , Dear FDA Chief Counsel Troy: On behalf of US children, including in my own family, I urge you to implement stronger regulation of commercial advertising aimed at children. Arguments that stronger regulation would represent a limitation on free speech miss the point. Many parents already significantly censor what their children are exposed to on TV, in the movies, and in other media. Making choices on behalf of our children's well-being is our responsibility, and our obligation, and is in no way an abridgement of any corporate efforts to sell their product. This responsibility and obligation MUST extend to the FDA in its role as the collective representative of the interests of the public in the marketplace, particularly and ESPECIALLY with regard to those most vulnerable members of the public, our children. Children have no choice but to rely on the judgement and guidance of adults in positions of power. Surely it is the highest calling and purpose of an agency such as the FDA to exercise its judgement and public powers on behalf of the children with whose safety it is charged. I am repeatedly dismayed and disgusted by the pathetic level to which current advertising efforts have degenerated, but as an adult I am able to distinguish between advertising and reality, and to take responsibility for my own choices. Children, especially very young children, on the other hand, are not able to distinguish clearly between the program they are watching and the advertisements, which are very purposefully designed to further blur the difference. Children take everything at face value, are taught to believe adults, and are very influenced by images of other children having fun in the context of advertising. This places a heavy responsiblity on all of us to carefully consider and monitor the content and form of those messages, and this is by definition the role of the FDA in the public arena. Yes, parents could and should monitor their childrens' TV viewing. But there are some fine children's programs on commercial TV, and it is hardly realistic to expect parents to be there throughout every program with remote control in hand to edit the commercials! And to prevent children from watching TV at all is an example of the old adage of "throwing the baby out with the bath water." Moreover, the content of children's TV viewing is already regulated to some extent. No one would even consider airing programs which glorify heroin use or alcoholism, or child abuse or rape. But advertisers have no compunction in raping our childrens' minds by quite cynically exploiting their inability to make reasoned judgements and choices about what they are seeing. The average US child sees more than 40,000 advertisements a year on TV alone, and food commercials account for most TV advertising during children's peak viewing hours. (On Saturday mornings, children see one food commercial about every five minutes.) It is no wonder that childhood obesity, diabetes, and eating disorders (all serious public health issues for our kids) are linked to children's reaction to food advertising. From 1992 to 1999 the amount spent marketing to children shot from $6.2 billion to $12 billion. As a public health professional, there is no question in my mind that it is time for FDA to be much more assertive in regulating marketing aimed at children. Such regulation poses no real threat to freedom to do business. We are still the biggest capitalist economy in the world. Nonetheless, we have numerous laws relating to environmental protection, product safety, highway safety, and so forth because we expect those corporate interests involved to operate without blatantly threatening our health and well-being,and we expect our federal agencies to enforce that regulatory agenda. It's time to adopt the same attitude with the marketers who dump toxic messages and products into the stream of US childhood. It is past time that we hold advertisers accountable for their commercial exploitation of children. Please advise me what the FDA will do. Sincerely, Dr. Lin Kaatz Chary