From: Barbara Phinney [barbaraphinney@earthlink.net] Sent: Wednesday, September 04, 2002 11:33 PM To: McFarlane, Brent E; fdadockets@oc.fda.gov Subject: 02N-029-Reqest for Comments on First Amendment Issues PUBLIC HEALTH IS MORE IMPORTANT THAN ADVERTISING When corporations enjoy First Amendment protections it essentially nullifies the speech rights of individuals, since individuals cannot afford the massive advertising campaigns that corporations wage, and so cannot talk back. * Restrictions on the advertising of tobacco, alcohol, gambling and pharmaceuticals are essential for protecting public health. Of all the problems facing our country, insufficient advertising of cigarettes, liquor, etc. is not one of them. * Corporations use advertising to drive a wedge between parents and children, and seduce children to nag for junk food and other items that many parents oppose. * Children are especially vulnerable to advertising, because corporations use sophisticated psychological techniques to trick them, and because children lack the maturity to deal with these techniques. * Due largely to the assault of marketing to children, there have been marked increases in marketing-related diseases, such as childhood obesity and type 2 diabetes. * For the FDA, public health should be a higher priority than protecting corporations or their right to advertise. * Corporations are far too powerful already. The FDA should seek the right balance between individuals and corporations in the arena of public health, and not tip it further towards corporations and their lobbyists in our nation’s capital. Sincerely, Barbara Phinney and Brent McFarlane 12248 Phinney Ave.N. Seattle, WA 98133