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Nebraska Bill Would Restrict Marketing of Kids Meals

Legislation has been introduced in the Nebraska Legislature that would impose serious restrictions on the sale and marketing of kids meals by restaurants and convenience stores.

The “Children’s Health and Responsible Corporate Marketing Act” (LB 126) was introduced on January 6th by Senator Bill Avery.  The bill would restrict the sale and marketing of “packaged children’s meals” that include a toy or other “consumer incentive item” unless the meals meet specific nutrition requirements: does not exceed 500 calories; does not exceed 10% of calories from saturated fat with a maximum of 6 grams saturated fat; contains no more than one-half gram artificial trans fat per item in the meal; does not exceed 10% of calories from added sugars; does not exceed 640 milligrams of sodium; includes one cup of fruits or vegetables, not including fried vegetables.

Under the bill, any violation of the Act is declared a Class IV misdemeanor and the Department of Agriculture is also authorized to impose civil fines of up to $1,000 per day or activity for any violations.

The text of the bill is available here.  It was referred to the Agriculture Committee.

ANA will be working with our member companies and local media groups in Nebraska to determine how best to respond to this bill which raises a number of serious First Amendment and commerce clause issues.

If you have any information about this bill or proposals in any other states to tax or restrict food and beverage advertising, please contact Keith Scarborough, Senior Vice President for Government Relations in ANA’s Washington, DC office at kscarborough@ana.net or (202) 296-1883.

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