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ROB PORTMAN

OHIO

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WASHINGTON, DC 20510

November 7, 2011

Secretary Kathleen Sebelius U.S. Department of Health and Human Services 200 Independence Avenue, S.W. Washington, D.C. 20201 Secretary TomVilsack U.S. Department of Agriculture 1400 Independence Avenue, S.W. Washington, D.C. 20250 Chairman Jon Leibowitz Federal Trade Commission 600 Pennsylvania Avenue, N.W. Washington, D.C. 20580 Dear Secretary Sebelius, Secretary Vilsack, and Chairman Leibowitz: I write to express my concerns about the recently released "Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts" that was developed by the Interagency Working Group (TWG), a collaborative effort by your respective agencies. In the report to the 2009 Omnibus Appropriation bill, Congress instructed your agencies to conduct a study and to offer recommendations regarding food and beverage marketing to children ages 2 to 17. You were asked to consider "evidence concerning the role of consumption of nutrients, ingredients, and foods in preventing or promoting the development of obesity among such children." Many in the private sector have expressed concern that the proposed guidelines are too broad and overreaching, and that if implemented could prevent the marketing of foods normally encouraged to be included in balanced diets. For example, I am told that bottled water would not meet the proposed standards because it does not significantly contribute to nutritional requirements. In fact, the new standards would prohibit the marketing of 88 out of the top 100 most consumed foods in the country, while providing no evidence to explain how these new regulations would reduce childhood obesity. Additionally, I am told that the IWG standards have defined marketing to capture a wide range of promotions that are directed to the general public. These include point-of-sale displays, product packaging as well as charitable sponsorships that would include Little League sports programs. Finally, the IWG proposal could force dramatic changes to food recipes and marketing, and undermine advertising support for television programs viewed by children and

adults. Implementation of these proposed regulations could result in the loss of tens of thousands ofjobs and tens of billions of dollars in sales. Reducing childhood. obesity is certainly an important public health challenge and apriority. As you are well aware, America has seen a dramatic increase in childhood obesity rates in the last 20 years, and today 12.5 million (17 percent) children between the ages of2 and 19 are obese. This is an issuethat demands attention, and one in which the federal government should playa central role, but it cannot besolved.byaregulatory overreach that is fundamentally flawed. For this and the other issues raised, I would urge you to reconsider the TWO's proposed restrictions on marketing and to work with Congress, industry and consumers to develop common sense solutions, grounded in science, that have a chance at tackling this serious problem.

Rob Portman U.S. Senator

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