On July 14, NAB filed comments with the Federal Trade Commission (FTC) on preliminary proposed guidelines for the marketing of food to children and adolescents. Developed by the FTC and other agencies, including the Food and Drug Administration, in response to congressional directive, these proposals are intended to guide the food industry in self-regulatory efforts.

NAB explained that if the food advertising restrictions in the proposed recommendations were made mandatory, they would violate the First Amendment, and that even "voluntary" restrictions on food marketing might well have a chilling effect on commercial speech and present constitutional problems. NAB also noted that marketing restrictions could also undermine support for advertiser-supported broadcast programming. The FTC and other agencies will prepare a report to Congress that will make recommendations about food marketing.