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Washington,
D.C., January 19, 2006 —
So-called consumer
and science groups are attempting to make an end run around
legislators and regulators by suing Kellogg Company and Viacom
(parent company of Nickelodeon) as a means to halt advertising
efforts aimed at children, according to the
American Tort Reform
Association (ATRA).
“Regulation of
industries is the responsibility of legislators and regulators
and this lawsuit is an abuse of the legal system,” said ATRA
President Sherman Joyce. “We call this regulation through
litigation, and most judges will not allow their courts to usurp
the role of legislators and regulators and be used as a means to
achieve public policy and regulatory objectives.”
The lawsuit is based
on a study that concludes food advertising aimed at children
influences their preference for foods high in calories and low
in nutrients and also motivates the children to request these
foods. Two of the plaintiffs are parents.
“Parents should be
responsible for what their children eat and for educating them
about nutrition, not to mention monitoring the time those
children spend in front of televisions,” Joyce said.
Last February, a Los
Angeles judge dismissed a class action lawsuit against beer
companies for allegedly encouraging underage drinking by
“targeting teens with their advertising.” The judge ruled,
“regulating alcohol ads is the job of the Department of
Alcoholic Beverages Control, not the courts.”
Attempts at
“regulation through litigation” have been brought against the
food industry, firearm manufacturers, HMOs, lead paint makers
and others.
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