So, if advertising to young children is inherently deceptive, and deceptive advertising is illegal under federal law and in most states, how is it even happening? And doesn't this mean that not just food, but all marketing to young children is currently illegal? I get this question a lot. The answer is yes...
...But if you still think that protecting kids is all up to parents because they are actually purchasing the Happy Meals, I asked Steve Gardner, litigation director at the Center for Science in the Public Interest and architect of the lawsuit, to respond to this argument.
His answer was simple and elegant: "Just because it's possible for a parent to intervene doesn't change the fact that what McDonald's is doing is illegal." In other words, there are often many ways that parents can act to protect their children but that doesn't make it OK for others to break the law.
And that is exactly what McDonald's is doing, until someone stops them.
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