Advertising to Get Sick: Restrictions to the Marketing of Ultra-processed Food to Children in the Colombian Constitution

Abstract

Marketing of ultra-processed food products targeted to children, usually high in saturated fats, sodium, and free sugars, is a common practice in Colombia and many other places in the world. This article analyses the need and legitimacy of the measures that restrict the publicity of these products within the constitutional Colombian law framework. The article argues that, according to the jurisprudence available on tobacco and other relevant cases, these measures do not limit the principle of economic freedom, they are not disproportionate, neither paternalistic, and do not violate the freedom of expression of the industries. To the opposite, constitutional principles of prevention and precaution establish that these measures are needed to prevent and pre-empt the harmful effects that publicity may have on children's health.