CDD

program areas Digital Health

  • Digital Food Marketing Research: Global Trends

    New Report: Growing Evidence of Digital Food Marketing’s Harmful Impact on Young People

    As global food and beverage companies continue to target children and teens through social media, gaming platforms, and mobile apps, researchers around the world have struggled to develop effective methods for monitoring exposure and documenting the impact these powerful new marketing techniques. CDD’s report, “Digital Food Marketing Research: Global Trends,” which was written by Dr. Mimi Tatlow-Golden at London’s Open University, provides an overview of promising new studies by a handful of international scholars, who are building a body of research on the nature, scope, and influence of contemporary digital food and beverage marketing on young people.  Researchers have developed innovative tools and methods – such as eye-tracking glasses, “digital ethnography,” and video conferencing apps – to capture the various ways that young people are encountering marketing of fast foods, sugar-sweetened beverages, and other products harmful to their health as they navigate the digital landscape. Lab experiments, online randomized trials, and other scientific investigations show how digital food marketing influences the food and brand attitudes, preferences, and requests, as well as eating behaviors and norms of children and teens. The report also highlights major gaps in the research. For example, very few studies have examined the impact of digital marketing on different income and ethnicity groups. And while there is a preponderance of studies coming from wealthy countries, there is a severe lack of research in lower and middle-income countries, even as digital marketing in these regions is actively developing. Read the report here.
    Mimi Tatlow-Golden, PhD
  • Regulating the Digital Obesogenic Ecosystem

    Lessons from the 20-year Effort to Pass the United Kingdom’s Online Ban on Unhealthy Food and Beverage Advertising

    Regulating the Global Online Junk Food Marketing SystemThe UK Experience In a March 2023 report, the World Obesity Federation issued a dire prognosis and warning: “The majority of the global population (51%, or over 4 billion people) will be living with either overweight or obesity by 2035 if current trends prevail,” based on the latest figures. The greatest and most rapid increase is expected among young people between the ages of 5 and 19.  Yet, despite these alarming trends, food and beverage companies around the world continue to push ads for junk food, sugar-sweetened sodas, and other harmful products to young people, using increasingly sophisticated and intrusive digital marketing campaigns, such as this one in Indonesia by McDonald’s. The Center for Digital Democracy’s 2021 report, Big Food, Big Tech and the Global Childhood Obesity Pandemic, described the far-reaching, global, digital media and marketing system that now targets children and teens across social media, gaming platforms, and mobile devices, and called for international advocacy efforts to address this threat.The World Health Organization and other international health bodies have urged nations to adopt strong policies to curb digital food marketing. Governments around the world have responded with a host of new restrictions in countries such as Chile, Mexico, Argentina, and Norway.  Amid this growing momentum for regulation, the UK stands out as the country where some of the most comprehensive efforts have been underway for more than two decades to develop food marketing safeguards. These include a recently-passed ban on online junk food advertising, which has triggered a powerful backlash from the industry, along with attempts to derail its implementation. CDD’s latest report – Regulating the Obesogenic Ecosystem: Lessons from the 20-year Effort to Pass the United Kingdom’s Online Ban on Unhealthy Food and Beverage Advertising – offers a detailed case study of this campaign, chronicling the interplay among health advocates, researchers, government policymakers, and corporate lobbyists, and offering insights for other organizations around the world that are seeking to rein in the powerful global food/tech marketing complex.                        
    Kathryn C. Montgomery and Jeff Chester
  • CDD tells FTC to apply strong data privacy and security rules for health data

    Filing also focuses on role commercial surveillance marketers play targeting physicians and patients

    The Center for Digital Democracy (CDD) endorses the Federal Trade Commission’s (FTC) proposal to better protect health consumer and patient information in the digital era. CDD warned the commission in 2010, as well as in its 2022 commercial surveillance comments, that health data—including information regarding serious medical conditions—are routinely (and cynically) gathered and used for online marketing. This has placed Americans at risk—for loss of their privacy, health-decision autonomy, and personal financial security. The commercial surveillance health data digital marketing system also triggers major strains on the fiscal well-being of federal and private health insurance systems, creating demand for products and services that can be unnecessary and costly. The commission should “turn off the tap” of data flooding the commercial surveillance marketplace, including both direct and inferred health information. The commission can systemically address the multiple data flows—including those on Electronic Health Record (EHR) systems—that require a series of controls. EHR, or personal health record systems, have served as a digital “Achilles heel” of patient privacy, with numerous commercial entities seizing that system to influence physicians and other prescribers as well as to gain insights used for ongoing tracking. The commercialization of health-connected data is ubiquitous, harvested from mobile “apps,” online accounts, loyalty programs, social media posts, data brokers, marketing clouds and elsewhere. Given the contemporary commercial data analytic affordances to generate insights and actions operational today, information gathered for other purposes can be used to generate health-related data. Health information can be combined with numerous other datasets that can reveal ethnicity, location, media use, etc., to create a robust target marketing profile. As programmatic advertising trade publication “AdExchanger” recently noted, “sensitive health data can be collected or revealed through dozens of noncovered entities, from location data providers to retail media companies. And these companies aren’t prevented from sharing data, unless the data was sourced from a covered entity.” The FTC’s Health Breach Notification Rule (HBNR) proposal comes at an especially crucial time for health privacy in the U.S. A recent report on “The State of Patient Privacy,” as noted by Insider Intelligence/eMarketer in July 2023, shows that a majority of Americans “distrust” the role that “Big Tech Companies” play with their health data. A majority of patients surveyed explained that “they are worried about security and privacy protections offered by vendors that handle their health data.” Ninety-five percent of the patients in the survey “expressed concern about the possibility of data breaches affecting their medical records.” These concerns, we suggest, reflect consumer unease regarding their reliance on the online media to obtain health information. For example, “half of US consumers use at least one health monitoring tool,” and “healthcare journeys often start online,” according to the “Digital Healthcare Consumer 2023” report. There is also a generational shift in the U.S. underway, where at least half of young adults (so-called Generation Z) now “turn to social media platforms for health-related purposes either all the time or often…via searches, hashtags QR codes…[and] have the highest rate of mobile health app usage.” The Covid-19 pandemic triggered greater use of health-related apps by consumers. So-called “telehealth” services generate additional data as well, including for online “lead generation.” The growing use of “digital pharmacies” is being attributed to the rising costs of medications—another point where consumer health data is gathered. The FTC should ensure the health data privacy of Americans who may be especially vulnerable—such as those confronting financial constraints, pre-existing or at-risk conditions, or have long been subjected to predatory and discriminatory marketing practices—and who are especially in need of stronger protections. These should include addressing the health-data-related operations from the growing phalanx of retail, grocery, “dollar,” and drug store chains that are expanding their commercial surveillance marketing operations (so-called “retail media”), while providing direct-to-consumer delivered health services. Electronic Health Record systems are a key part of the health and commercial surveillance infrastructure: EHRs have long served as “prime real estate for marketers…[via] data collection, which makes advanced targeting a built-in benefit of EHR marketing.” EHRs are used to influence doctors and other prescribers relying on what’s euphemistically called point-of-care marketing. Marketing services for pharmaceutical and other life science companies can be “contextually integrated into the EHR workflow [delivered] to the right provider at the right time within their EHR [using] awareness messaging targeted on de-identified real-time data specific to the patient encounter.” Such applications are claimed to operate as “ONC-certified and HIPPA-compliant (ONC stands for “Office of the National Coordinator for Health Information,” HHS). The various, largely unaccountable, methods used to target and influence how physicians treat their patients by utilizing EHRs raise numerous privacy and consumer protection issues. For example, “EHR ads can appear in several places at all the stages along the point-of-care journey,” one company explained. Through an “E-Prescribing Screen,” pharma companies are able to offer “co-pay coupons, patient savings offers and relevant condition brand messaging.” Data used to target physicians, including prescription information derived from a consumer, using EHR systems, help trigger more information from and about a health consumer (think about the subsequent role of drug stores, search engines and social media use, gathering of data for coupons, etc.). This “non-virtuous” circle of health surveillance should be subjected to meaningful health data breach and security safeguards. Patient records on EHRs must be safeguarded and the methods used to influence healthcare professionals require major privacy reforms. Contemporary health data systems reflect the structures that comprise the overall commercial surveillance apparatus, including databrokers, marketing clouds, AI: The use of digital marketing to target U.S. health consumers has long been a key “vertical” for advertisers. For example, there are numerous health-focused subsidiaries run by the leading global advertising agencies, all of which have extensive data-gathering and targeting capabilities. These include Publicis Health: “Our proprietary data and analytics community, paired with the unsurpassed strengths of Sapient and Epsilon allow us to deliver unmatched deterministic, behavioral, and transactional data, powered by AI.” IPG Health uses “a proprietary…media, tech and data engine [to] deliver personalized omnichannel experiences across touchpoints.” Its “comprehensive data stack [is] powered by Acxiom.” Ogilvy Health recently identified some of the key social media strategies used by pharmaceutical firms to generate consumer engagement with their brands—helping generate invaluable data. They include, for example, a “mobile-first creative and design approach,” including the use of “stickers, reels, filters, and subtitles” on Instagram and well as “A/B testing” on Facebook and the use of “influencers.” A broad range of consumer-data-collecting partners also operates in this market, providing information and marketing facilitation. Google, Meta, Salesforce, IQVIA, and Adobe are just a few of the companies integrated into health marketing services designed to “activate customer journeys (healthcare professionals and patients) across physical and digital channels [using] real-time, unified data.” Machine learning and AI are increasingly embedded in the health data surveillance market, helping to “transform sales and marketing outcomes,” for example. The use of social media, AI and machine learning, including for personalization, raises concerns that consent is insufficient alone for the release of patient and consumer health information. The commission should adopt its proposed rule, but also address the system-wide affordances of commercial surveillance to ensure health data is truly protected in terms of privacy and security. The commission should endorse a patient health record information definition that reflects both the range and type of data collected, but also the processes used to gather or generate it. The prompting and inducement of physicians, for example, to prescribe specific medications or treatments to a patient, based on the real-time “point-of-care” information transmitted through EHRs, ultimately generate identifiable information. So any interaction and iterative process used to do so should be covered under the rule, reflecting all the elements involved in that decision-making and treatment determinative process. By ensuring that all the entities involved in this system—including health care services or suppliers—must comply with data privacy and security rules, the commission will critically advance data protection in the health marketplace. This should include health apps, which increasingly play a key role in the commercial data-driven marketing complex. All partnering organizations involved in the sharing, delivering, creating and facilitation of health record information should also be held accountable. We applaud the FTC’s work in the health data privacy area, including its important GoodRx case and its highlighting the role that “dark patterns” play in “manipulating or deceiving consumers.” Far too much of the U.S. health data landscape operates as such a “dark pattern.” The commission’s proposed HBNR rules will illuminate this sector, and, in the process, help secure greater privacy and protection for Americans.
  • FTC Commercial Surveillance Filing from CDD focuses on how pharma & other health marketers target consumers, patients, prescribers “Acute Myeloid Lymphoma,” “ADHD,” “Brain Cancer,” “High Cholesterol,” “Lung Cancer,” “Overweight,” “Pregnancy,” “Rheumatoid Arthritis,” “Stroke,” and “Thyroid Cancer.” These are just a handful of the digitally targetable medical condition “audience segments” available to surveillance advertisers  While health and medical condition marketers—including pharmaceutical companies and drug store chains—may claim that such commercial data-driven marketing is “privacy-compliant,” in truth it reveals how vulnerable U.S. consumers are to having some of their most personal and sensitive data gathered, analyzed, and used for targeted digital advertising. It also represents how the latest tactics leveraging data to track and target the public—including “identity graphs,” artificial intelligence, surveilling-connected or smart TV devices, and a focus on so-called permission-based “first-party data”—are now broadly deployed by advertisers—including pharma and medical marketers. Behind the use of these serious medical condition “segments” is a far-reaching commercial surveillance complex including giant platforms, retailers, “Adtech” firms, data brokers, marketing and “experience” clouds, device manufacturers (e.g., streaming), neuromarketing and consumer research testing entities, “identity” curation specialists and advertisers...We submit as representative of today’s commercial surveillance complex the treatment of medical condition and health data. It incorporates many of the features that can answer the questions the commission seeks. There is widespread data gathering on individuals and communities, across their devices and applications; techniques to solicit information are intrusive, non-transparent, and out of meaningful scope for consumer control; these methods come at a cost to a person’s privacy and pocketbook, and potentially has significant consequences to their welfare. There are also societal impacts here, for the country’s public health infrastructure as well as with the expenditures the government must make to cover the costs for prescription drugs and other medical services...Health and pharma marketers have adopted the latest data-driven surveillance-marketing tactics—including targeting on all of a consumer’s devices (which today also includes streaming video delivered by Smart TVs); the integration of actual consumer purchase data for more robust targeting profiles; leveraging programmatic ad platforms; working with a myriad of data marketing partners; using machine learning to generate insights for granular consumer targeting; conducting robust measurement to help refine subsequent re-targeting; and taking advantage of new ways to identify and reach individuals—such as “Identity Graphs”— across devices. [complete filing for the FTC's Commercial Surveillance rulemaking attached]cddsurveillancehealthftc112122.pdf
    Jeff Chester
  • Discussion by Jeff Chester at the Global Alcohol Policy Alliance Alcohol Marketers are now big data companies.  They are also commercial surveillance marketing enterprises, which is how data driven digital marketing is increasingly described by regulators and critics.  Like many other global industries, alcohol marketing uses an ever expanding set of diverse and sophisticated online and offline techniques designed to identify and deeply influence its target audiences.  Alcoholic beverage companies have broadly adopted the business model and tactics perfected by Google, Meta/Facebook, and Amazon. This includes “omnichannel” marketing operations that identify a single person and follow them on their various devices, such as gaming, mobile, and streaming.   The alcoholic beverage industry engages in cutting edge digital marketing campaigns throughout the world.  However, the use of contemporary marketing techniques for alcoholic beverages enables us to use various regulatory and other legal tools to protect public health and the public at large.  That includes pursuing various privacy complaints, across state, national or regional data protection regulators (as well as class actions where possible); developing related complaints for consumer protection regulators on the kinds of unfair advertising practices that embody digital marketing, such as the use of neuromarketing to influence subconscious and emotional processes; the reliance on “immersive” ad applications involving virtual and augmented reality (such as metaverse), whose effects also impact non rational processes; the role of influencers used to penetrate youth culture to promote the brand; and, on the data practices itself, the widespread adoption of machine learning and Artificial Intelligence systems to generate predictive and personalized marketing plans on individuals, groups and communities.  Another critical aspect of data marketing, as we know, is the gathering and use of a host of data on people—their race, ethnicity, income, health concerns, geolocation, etc., that when assembled in today’s real-time online marketing machine are used to reach us with a highly informed assessment of who we are and what we do.  In addition to regulation and judicial recourse, there are also the public shaming aspects that can be generated through the news media and other informational campaigns.I will summarize several of the troubling practices of the alcohol marketing industry today that could form the basis for potential regulatory interventions.The use of Big Data operations:  As leading advertisers, alcoholic beverage companies already hold a vast—and growing--array of data on their customers and targets.  For example, AB InBev relies on [quote] 1000 different data sources and has more than 70.1 million unique customer records [unquote].  Its data sources include information gathered thru mobile devices, social media, and ecommerce, among others.   AB InBev has invested in the latest technologies to consolidate, manage and make actionable this information, including Data Management Platforms (DMPs—which integrate and analyze diverse data points) that help identify and target an individual.  Through state-of-the-art online campaigns, companies like ABInBev  collect huge amounts of key data.  For example, the company created a platform in Columbia not long ago—[quote] “a central online store where customers could share their location and place their order which was then sent via Whatsapp to their local grocer to be fulfilled…it digitized every (convenience) store, in every corner, in every block, in every neighborhood and connected them” [unquote] to its online store. Pervasive Surveillance on social media used for insight generation.  Alcohol companies deploy abundant “social listening” strategies that use sentiment mining, AI-driven computer vision and other tools to understand what is being said, by who and where, about the brand or topics that can be better leveraged for marketing; for example, to help pinpoint who are the most influential or useful voices to reach out to.   Much of this work is conducted 24/7 with real-time capabilities to take advantage of what is identified.  E-commerce: Online is increasingly an environment that seamlessly merges content, sales, marketing, and payment.  Alcoholic beverage companies are taking advantage of the powerful data driven promotion engines that operate these online sales channels, to make sure you see its product, place it in the shopping cart, and buy it.  Leading grocery and retail companies have also established their own highly developed online marketing operations that work with alcoholic beverages and other brands to showcase them on their e-commerce and online marketing sites; another source of privacy concern, as data sets merge].The use of neuroscience and other emotional technologies. Used to identify how to trigger non-rational responses to marketing, including measuring the emotional intensity of an ad as well as assessing how well a person’s memory encodes that message.  Alcohol companies (and many others) hook subjects up to EEGs and other similar tech to map their brainwaves responses to ads and content. Then an ad or message is honed and deployed.  These tools are also used “in flight” [during a running ad campaign] to correct errors and fine-tune their impact.Repositioning themselves as providers of economic opportunity and social good.  A recent trend by alcohol marketers is to position itself as generating economic opportunity for small businesses, as a strategy to deepen its connections for data.  For example, in Brazil last year during Carnival, one alcoholic beverages company used emails, push notifications, text messaging, an app, ecommerce platform, personalized QR codes and social media to support nearly 11,000 street vendors working out of their homes that ended up selling 200,000 of the brand’s products.  It established a critical digital link between the vendors, the alcohol brand, and its customers. Providers of technology:  This is especially true with branded alcoholic beverage company mobile apps, which are a key source of data gathering, monitoring of consumer behaviors (inc. geolocation), enrollment in loyalty programs and becomes an immediate influence and marketing channel. These apps are aksi used for sales and payments, creating another highly valuable data source.Penetrating further into the community.  Mobile and other digital marketing tech enables highly targeted, geo-aware, campaigns.  For example, in South Africa one brand—as part of a wider social media effort—used what’s known as DOOH—giving away software while encouraging its targets to [quote] create a personalized shout out to someone special and then select a digital billboard at a specific location for their message to be displayed on. [unquote]. Finally, creating impressive online experiences--such as music events to connect to youth.  In China, Jagermeister, who knew it was loosing its youth demographic, created [quote] “two days-worth of performance lineups and subculture experiences” [unquote] with livestreaming music and other ways to engage and interact with its young audience.  This event claimed to reach 200m impressions.  There are many more examples of such experiential virtual campaigns by alcoholic beverages companies.Policy Options:This is an optimum time to seek safeguards regarding the marketing of alcoholic beverages, to both underage consumers as well as address public health concerns overall on adult consumption.  Concern over the loss of privacy and autonomy, as well as its impact on youth development and health, is fueling greater interest by policymakers to regulate digital marketing. For example, here in the U.S. we have a new proposed rulemaking on surveillance marketing by the Federal Trade Commission, which offers multiple opportunities for the public health community to call for safeguards.    In the EU, there is the GDPR, Digital Services Act and other consumer legislation at the national and EU level that can be consideed.  The UK’s privacy commissioner has begun to enforce its new “Design Code” that governs how the online industry interacts with children and adolescents.  There are data protection commissioners in many countries, as well as varying laws, that should be assessed.   To advance these opportunities, public health advocates will likely find support from the global community of public interest privacy and consumer protection NGOs and scholars, who could be enlisted to identify the potential remedies and develop the appropriate regulatory complaints.   The WHO, of course, is in the forefront of documenting many of the practices we’ve discussed, including its recent work on digital marketing on unhealthy foods and beverages, breast milk substitutes, and alcohol marketing.  As these reports show, and as this conference reflects, the significant advances by these producers and marketers into the digital sphere, which operates now as such a key force in our lives, should be challenged.  Limits and expectations for this industry should be set, along with ongoing research into the effects of such marketing as well as analyzing its marketing operations. With timely action, we might be able to set a healthier course for the role that alcoholic beverages can play in our societies.  Thank you.
    Jeff Chester
  • CDD's Jeff Chester contributed to report's focus on online marketing practices, inc. use of big data analytics, by alcoholic beverage companies(Excerpt from WHO release):  Just as with tobacco, a global and comprehensive approach is required to restrict digital marketing of alcohol.“The vast majority of alcohol advertising online is “dark”Children and young people are especially at risk from the invasion of their social spaces by communication promoting alcohol consumption, normalising alcohol in all social contexts and linked to development of adult identities.“Current policies across the WHO European Region are insufficient to protect people from new formats of alcohol marketing. Age verification schemes, where they exist, are usually inadequate to protect minors from exposure to alcohol marketing. The fact that the vast majority of alcohol advertising online is “dark”, in the sense that it is only visible to the consumer to whom it is marketed, is challenging for policy makers thus requiring new mechanisms and a new approach,” said Dr Carina Ferreira-Borges, Acting Director for Noncommunicable Diseases and Programme Manager for Alcohol and Illicit Drugs at WHO/Europe.Link to releaseLink to report
    Jeff Chester
  • Blog

    The Big Data Merger Gold Rush to Control Your “Identity” Information

    Will the DoJ ensure that both competition and consumer protection in data markets are addressed?

    There is a digital data “gold rush” fever sweeping the data and marketing industry, as the quest to find ways to use data to determine a person’s “identity” for online marketing becomes paramount. This is triggered, in part, by the moves made by Google and others to replace “cookies” and other online identifiers with new, allegedly pro-privacy data-profiling methods to get the same results. We’ve addressed this privacy charade in other posts. In order to better position themselves in a world where knowing who we are and what we do is a highly valuable global currency, there are an increasing number of mergers and acquisitions in the digital marketing and advertising sector.For example, last week data-broker giant TransUnion announced it is buying identity data company Neustar for $3.1 billion dollars, to further expand its “powerful digital identity capabilities.” This is the latest in TransUnion’s buying spree to acquire data services companies that give it even more information on the U.S. public, including what we do on streaming media, via its 2020 takeovers of connected and streaming video data company Tru Optik (link is external) and the data-management-focused Signal. (link is external)In reviewing some of the business practices touted by TransUnion and Neustar, it’s striking that so little has changed in the decades CDD has been sounding the alarm about the impacts data-driven online marketing services have on society. These include the ever-growing privacy threats, as well as the machine-driven sorting of people and the manipulation of our behaviors. So far, nothing has derailed the commercial Big Data marketing.With this deal, TransUnion is obtaining a treasure trove of data assets and capabilities. For Neustar, “identity is an actionable understanding of who or what is on the other end of every interaction and transaction.” Neustar’s “OneID system provides a single lens on the consumer across their dynamic omnichannel journey.” This involves: (link is external) data management services featuring the collection, identification, tagging, tracking, analyzing, verification, correcting and sorting of business data pertaining to the identities, locations and personal information of and about consumers, including individuals, households, places, businesses, business entities, organizations, enterprises, schools, governments, points of interest, business practice characteristics, movements and behaviors of and about consumers via media devices, computers, mobile phones, tablets and internet connected devices.Neustar keeps close track of people, saying that it knows that “the average person has approximately 15 distinct identifiers with an average of 8 connected devices” (and notes that an average household has more than 45 such distinct identifiers). Neustar has an especially close business partnership with Facebook, (link is external) which enables marketers to better analyze how their ads translate into sales made on and spurred by that platform. Its “Customer Scoring and Segmentation” system enables advertisers to identify and classify targets so they can “reach the right customer with the right message in the right markets.” Neustar has a robust data-driven ad-targeting system called AdAdvisor, which reaches 220 million adults in “virtually every household in the U.S.” AdAdvisor (link is external) “uses past behavior to predict likelihood of future behavior” and involves “thousands of data points available for online targeting” (including the use of “2 billion records a month from authoritative offline sources”). Its “Propensity Audiences” service helps marketers predict the behaviors of people, incorporating such information (link is external) as “customer-level purchase data for more than 230 million US consumers; weekly in-store transaction data from over 4,500 retailers; actual catalog purchases by more than 18 million households”; and “credit information and household-level demographics, used to build profiles of the buying power, disposable income and access to credit a given household has available.” Neustar offers its customers the ability to reach “propensity audiences” in order to target such product categories as alcohol, automotive, education, entertainment, grocery, life events, personal finance, and more. For example, companies can target people who have used their debit or credit cards, by the amount of insurance they have on their homes or cars, by the “level of investable assets,” including whether they have a pension or other retirement funds. One also can discover people who buy a certain kitty litter or candy bar—the list of AdAdvisor possibilities is far-reaching.Another AdAdvisor application, “ElementOne,” (link is external) comprises 172 segments that can be “leveraged in real time for both online and offline audience targeting.” The targeting categories should be familiar to anyone who is concerned about how groups of people are characterized by data-brokers and others. For example, one can select “Segment 058—high income rural younger renters with and without children—or “Segment 115—middle income city older home owners without children; or any Segment from 151-172 to reach “low income” Americans who are renters, homeowners, have or don’t have kids, live in rural or urban areas, and the like.Marketers can also use AdAdvisor to determine the geolocation behaviors of their targets, through partnerships that provide Neustar with “10 billion daily location signals from 250+ million opted-in consumers.” In other words, Neustar knows whether you walked into that liquor store, grocery chain, hotel, entertainment venue, or shop. It also has data on what you view on TV, streaming video, and gaming. And it’s not just consumers who Neustar tracks and targets. Companies can access its “HealthLink Dimensions Doctor Data to target 1.7 million healthcare professionals who work in more than 400 specialties, including acute care, family practice, pediatrics, cardiovascular surgery.”TransUnion is already a global data and digital marketing powerhouse, with operations in 30 countries, 8,000 clients that include 60 of the Fortune 100. What is calls its “TruAudience Marketing Solutions (link is external)” is built on a foundation of “insight into 98% of U.S. adults and more than 127 million homes, including 80 million connected homes.” Its “TruAudience Identity” product provides “a three-dimensional, omnichannel view of individuals, devices and households… [enabling] precise, scalable identity across offline, digital and streaming environments.” It offers marketers and others a method to secure what it terms is an “identity resolution,” (link is external) which is defined as “the process of matching identifiers across devices and touchpoints to a single profile [that] helps build a cohesive, omnichannel view of a consumer….”TransUnion, known historically as one of the Big Three credit bureaus, has pivoted to become a key source for data and applications for digital marketing. It isn’t the only company expanding what is called an “ID Graf (link is external)”—the ways all our data are gathered for profiling. However, given its already vast storehouse of information on Americans, it should not be allowed to devour another major data-focused marketing enterprise.Since this merger is now before the U.S. Department of Justice—as opposed to the Federal Trade Commission—there isn’t a strong likelihood that in addition to examining the competitive implications of the deal, there will also be a focus on what this really means for people, in terms of further loss of privacy, their autonomy and their potential vulnerability to manipulative and stealthy marketing applications that classify and segment us in a myriad of invisible ways. Additionally, the use of such data systems to identify communities of color and other groups that confront historic and current obstacles to their well-being should also be analyzed by any competition regulator.In July, the Biden Administration issued (link is external) an Executive Order on competition that called for a more robust regime to deal with mergers such as TransUnion and Neustar. According to that order, “It is also the policy of my Administration to enforce the antitrust laws to meet the challenges posed by new industries and technologies, including the rise of the dominant Internet platforms, especially as they stem from serial mergers, the acquisition of nascent competitors, the aggregation of data, unfair competition in attention markets, the surveillance of users, and the presence of network effects.”We hope the DOJ will live up to this call to address mergers such as this one, and other data-driven deals that are a key reason why these kind of buyouts happen with regularity. There should also be a way for the FTC—especially under the leadership of Chair Lina Khan—to play an important role evaluating this and similar transactions. There’s more at stake than competition in the data-broker or digital advertising markets. Who controls our information and how that information is used are the fundamental questions that will determine our freedom and our economic opportunities. As the Big Data marketplace undergoes a key transition, developing effective policies to protect public privacy and corporate competition is precisely why this moment is so vitally important.
    Jeff Chester
    three person pointing the silver laptop computer by John Schnobrich
  • Press Release

    “Big Food” and “Big Data” Online Platforms Fueling Youth Obesity Crisis as Coronavirus Pandemic Rages

    New Report Calls for Action to Address Saturation of Social Media, Gaming Platforms, and Streaming Video with Unhealthy Food and Beverage Products

    “Big Food” and “Big Data” Online Platforms Fueling Youth Obesity Crisis as Coronavirus Pandemic RagesNew Report Calls for Action to Address Saturation of Social Media, Gaming Platforms, and Streaming Video with Unhealthy Food and Beverage Products Contact: Jeff Chester (202-494-7100) For Immediate ReleaseWashington, DC, May 12, 2021A report released today calls for federal and global action to check the growth of digital marketing of food and beverage products that target children and teens online. Tech platforms especially popular with young people—including Facebook’s Instagram, Amazon’s Twitch, ByteDance’s TikTok, and Google’s YouTube – are working with giant food and beverage companies, such as Coca Cola, KFC, Pepsi and McDonald’s, to promote sugar-sweetened soda, energy drinks, candy, fast food, and other unhealthy products across social media, gaming, and streaming video. The report offers fresh new analysis and insight into the most recent industry practices, documenting how “Big Food” and “Big Tech” are using AI, machine learning, and other data-driven techniques to ensure that food marketing permeates all of the online cultural spaces where children and teenagers congregate. The pandemic has dramatically increased exposure to these aggressive new forms of marketing, further increasing young people’s risks of becoming obese. Black and Brown youth are particularly vulnerable to new online promotional strategies. Noting that concerns about youth obesity have recently fallen off the public radar in the U.S., the report calls for both international and domestic policies to rein in the power of the global technology and food industries. The report and an executive summary are available at the Center for Digital Democracy’s (CDD) website, along with other background material.“Our investigation found that there is a huge amount of marketing for unhealthy foods and beverages all throughout the youth digital media landscape, and it has been allowed to flourish with no government oversight,” explained Kathryn C. Montgomery, PhD, the report’s lead author, Professor Emerita at American University and CDD’s Senior Strategist. “We know from decades of research that marketing of these products contributes to childhood obesity and related illnesses. And we’ve witnessed how so many children, teens, and young adults suffering from these conditions have been particularly vulnerable to the coronavirus. Both the technology industry and the food and beverage industry need to be held accountable for creating an online environment that undermines young people’s health.”The report examines an array of Big Data strategies and AdTech tools used by the food industry, focusing on three major sectors of digital culture that attract large numbers of young people -- the so-called “influencer economy,” gaming and esports platforms, and the rapidly expanding streaming and online video industry.Dozens of digital campaigns by major food and beverage companies, many of which have won prestigious ad industry awards, illustrate some of the latest trends and techniques in digital marketing:The use of influencers is one of the primary ways that marketers reach and engage children and teens. Campaigns are designed to weave branded material “seamlessly into the daily narratives” shared on social media. Children and teens are particularly susceptible to influencer marketing, which taps into their psycho-social development. Marketing researchers closely study how young people become emotionally attached to celebrities and other influencers through “parasocial” relationships.McDonald’s enlisted rapper Travis Scott, to promote the “Travis Scott Meal” to young people, featuring “a medium Sprite, a quarter pounder with bacon, and fries with barbecue sauce.” The campaign was so successful that some restaurants in the chain sold out of supplies within days of its launch. This and other celebrity endorsements have helped boost McDonald’s stock price, generated a trove of valuable consumer data, and triggered enormous publicity across social media.Food and beverage brands have flocked to Facebook-owned Instagram, which is considered one of the best ways to reach and engage teens.According to industry research, nearly all influencer campaigns (93%) are conducted on Instagram. Cheetos’ Chester Cheetah is now an “Instagram creator,” telling his own “stories” along with millions of other users on the platform.One Facebook report, “Quenching Today’s Thirsts: How Consumers Find and Choose Drinks,” found that “64% of people who drink carbonated beverages use Instagram for drinks-related activities, such as sharing or liking posts and commenting on drinks content,” and more than a third of them report following or “liking” soft drink “brands, hashtags, or influencer posts.”The online gaming space generates more revenue than TV, film or music, and attracts viewers and players – including many young people -- who are “highly engaged for a considerable length of time.” Multiplayer online battle arena (MOBA) and first-person shooter games are considered one of the best marketing environments, offering a wide range of techniques for “monetization,” including in-game advertising, sponsorship, product placement, use of influencers, and even “branded games” created by advertisers. Twitch, the leading gaming platform, owned by Amazon, has become an especially important venue for food and beverage marketers. Online gamers and fans are considered prime targets for snack, soft drink, and fast food brands, all products that lend themselves to uninterrupted game play and spectatorship.PepsiCo’s energy drink, MTN DEW Amp Game Fuel, is specifically “designed with gamers in mind.” To attract influencers, it was featured on Twitch’s “Bounty Board,” a one-stop-shopping tool for “streamers,” enabling them to accept paid sponsorship (or “bounties”) from brands that want to reach the millions of gamers and their followers.Red Bull recently partnered with Ninja“the most popular gaming influencer in the world with over 13 million followers on Twitch, over 21 million YouTube subscribers, and another 13 million followers on Instagram.”Dr. Pepper featured the faces of players of the popular Fortnite game on its bottles, with an announcement on Twitter that this campaign resulted in “the most engaged tweet” the soft-drink company had ever experienced.Wendy’s partnered with “five of the biggest Twitch streamers,” as well as food delivery app Uber Eats, to launch its “Never Stop Gaming” menu, with the promise of “five days of non-stop gaming, delicious meal combos and exclusive prizes.” Branded meals were created for each of the five streamers, who offered their fans the opportunity to order directly through their Twitch channels and have the food delivered to their doors.One of the newest marketing frontiers is streaming and online video, which have experienced a boost in viewership during the pandemic. Young people are avid users, accessing video on their mobile devices, gaming consoles, personal computers, and online connections to their TV sets.Concerned that teens “are drinking less soda,” Coca-Cola’s Fanta brand developed a comprehensive media campaign to trigger “an ongoing conversation with teen consumers through digital platforms” by creating four videos based on the brand’s most popular flavors, and targeting youth on YouTube, Hulu, Roku, Crackle, and other online video platforms. “From a convenience store dripping with orange flavor and its own DJ cat, to an 8-bit videogame-ified pizza parlor, the digital films transport fans to parallel universes of their favorite hangout spots, made more extraordinary and fantastic once a Fanta is opened.”New video ad formats allow virtual brand images to be inserted into the content and tailored to specific viewers. “Where one customer sees a Coca-Cola on the table,” explained a marketing executive, “the other sees green tea. Where one customer sees a bag of chips, another sees a muesli bar… in the exact same scene.”The major technology platforms are facilitating and profiting from the marketing of unhealthy food and beverage products.Facebook’s internal “creative shop” has helped Coca-Cola, PepsiCo, Unilever, Nestle and hundreds of other brands develop global marketing initiatives to promote their products across its platform. The division specializes in “building data-driven advertising campaigns, branded content, branded entertainment, content creation, brand management, social design,” and similar efforts.Google regularly provides a showcase for companies such as Pepsi, McDonald’s and Mondelez to tout their joint success promoting their respective products throughout the world.For example, Pepsi explained in a “Think with Google” post that it used Google’s “Director’s Mix” personalization video advertising technology to further what it calls its ability to “understand the consumer’s DNA,” meaning their “needs, context, and location in the shopping journey.” Pepsi could leverage Google’s marketing tools to help its goal of combining “insights with storytelling and drive personalized experiences at scale.”Hershey’s has been working closely with Amazon to market its candy products via streaming video, as well as through its own ecommerce marketplace. In a case study published online, Amazon explained that “…as viewing consumption began to fragment, the brand [Hershey’s] realized it was no longer able to reach its audience with linear TV alone.” Amazon gave Hershey’s access to its storehouse of data so the candy company could market its products on Amazon’s streaming services, such as IMDbTV. Amazon allowed Hershey’s to use Amazon’s data to ensure the candy brands would “be positioned to essentially ‘win’ search in that category on Amazon and end up as the first result….” Hershey’s also made use of “impulse buy” strategies on the Amazon platform, including “cart intercepts,” which prompt a customer to “add in snacks as the last step in their online shopping trip, mimicking the way someone might browse for candy during the checkout at a physical store.”Some of the largest food and beverage corporations—including Coca-Cola, McDonald’s, and Pepsi—have, in effect, transformed themselves into Big Data businesses.Coca-Cola operates over 40 interconnected social media monitoring facilities worldwide, which use AI to follow customers, analyze their online conversations, and track their behaviors.PepsiCo has developed a “fully addressable consumer database” (called “Consumer DNA”) that enables it to “see a full 360 degree view of our consumers.”McDonald’s made a significant investment in Plexure, a “mobile engagement” company specializing in giving fast food restaurants the ability “to build rich consumer profiles” and leverage the data “to provide deeply personalized offers and content that increase average transaction value” and help generate other revenues. One of its specialties is designing personalized messaging that triggers the release of the brain chemical, dopamine.The report raises particularly strong concerns about the impact of all these practices on youth of color, noting that food and beverage marketers “are appropriating some of the most powerful ‘multicultural’ icons of youth pop culture and enlisting these celebrities in marketing campaigns for sodas, ‘branded’ fast-food meals, and caffeine-infused energy drinks.” These promotions can “compound health risks for young Blacks and Hispanics,” subjecting them to “multiple layers of vulnerability, reinforcing existing patterns of health disparity that many of them experience.”“U.S. companies are infecting the world’s young people with invasive, stealth, and incessant digital marketing for junk food,” commented Lori Dorfman, DrPH, director, Berkeley Media Studies Group, one of CDD’s partners on the project. “And they are targeting Black and Brown youth because they know kids of color are cultural trendsetters,” she explained. “Big Food and Big Tech run away with the profits after trampling the health of children, youth, and families.”The Center for Digital Democracy and its allies are calling for a comprehensive and ambitious set of policies for limiting the marketing of unhealthy food and beverages to young people, arguing that U.S. policymakers must work with international health and youth advocacy organizations to develop a coordinated agenda for regulating these two powerful global industries. As the report explains, other governments in the UK, Europe, Canada, and Latin America have already developed policies for limiting or banning the promotion of foods that are high in fat, sugar, and salt, including on digital platforms. Yet, the United States has continued to rely on an outdated self-regulatory model that does not take into account the full spectrum of Big Data and AdTech practices in today’s contemporary digital marketplace, places too much responsibility on parents, and offers only minimal protections for the youngest children.“Industry practices have become so sophisticated, widespread, and entangled that only a comprehensive public policy approach will be able to produce a healthier digital environment for young people,” explained Katharina Kopp, PhD, CDD’s Deputy Director and Director of Research.The report lays out an eight-point research-based policy framework:Protections for adolescents as well as young children.Uniform, global, science-based nutritional criteria.Restrictions on brand promotion.Limits on the collection and use of data.Prohibition of manipulative and unfair marketing techniques and design features.Market research protections for children and teens.Elimination of digital racial discrimination.Transparency, accountability, and enforcement.###
  • Reports

    “Big Food” and “Big Data” Online Platforms Fueling Youth Obesity Crisis as Coronavirus Pandemic Rages

    New Report Calls for Action to Address Saturation of Social Media, Gaming Platforms, and Streaming Video with Unhealthy Food and Beverage Products

    The coronavirus pandemic triggered a dramatic increase in online use. Children and teens whose schools have closed relied on YouTube for educational videos, attending virtual classes on Zoom and Google Classroom, and flocking to TikTok, Snapchat, and Instagram for entertainment and social interaction. This constant immersion in digital culture has exposed them to a steady flow of marketing for fast foods, soft drinks, and other unhealthy products, much of it under the radar of parents and teachers. Food and beverage companies have made digital media ground zero for their youth promotion efforts, employing a growing spectrum of new strategies and high-tech tools to penetrate every aspect of young peoples’ lives.Our latest report, Big Food, Big Tech, and the Global Childhood Obesity Pandemic, takes an in-depth look at this issue. Below we outline just three of the many tactics the food industry is using to market unhealthy products to children and teens in digital settings.1. Influencer marketing - Travis Scott & McDonald'sMcDonald’s enlisted rapper Travis Scott, to promote the “Travis Scott Meal” to young people, featuring “a medium Sprite, a quarter pounder with bacon, and fries with barbecue sauce.” The campaign was so successful that some restaurants in the chain sold out of supplies within days of its launch. This and other celebrity endorsements have helped boost McDonald’s stock price, generated a trove of valuable consumer data, and triggered enormous publicity across social media.2. Gaming Platforms - MTN DEW Amp Game Fuel - TwitchPepsiCo’s energy drink, MTN DEW Amp Game Fuel, is specifically “designed with gamers in mind.” Each 16 oz can of MTN DEW Amp Game Fuel delivers a powerful “vitamin-charged and caffeine-boosted” formula, whose ingredients of high fructose corn syrup, grape juice concentrate, caffeine, and assorted herbs “have been shown to improve accuracy and alertness.” The can itself features a “no-slip grip that mirrors the sensory design of accessories and hardware in gaming.” It is also “easier to open and allows for more uninterrupted game play.”To attract influencers, the product was featured on Twitch’s “Bounty Board,” a one-stop-shopping tool for “streamers,” enabling them to accept paid sponsorship (or “bounties”) from brands that want to reach the millions of gamers and their followers.3. Streaming and Digital Video - "It's a Thing" Campaign - FantaConcerned that teens were “drinking less soda,” Coca-Cola’s Fanta brand developed a comprehensive media campaign to trigger “an ongoing conversation with teen consumers through digital platforms” by creating four videos based on the brand’s most popular flavors, and targeting youth on YouTube, Hulu, Roku, Crackle, and other online video platforms. “From a convenience store dripping with orange flavor and its own DJ cat, to an 8-bit videogame-ified pizza parlor, the digital films transport fans to parallel universes of their favorite hangout spots, made more extraordinary and fantastic once a Fanta is opened.” The campaign, which was aimed at Black and Brown teens, also included use of Snapchat’s augmented-reality technology to creative immersive experiences, as well as promotional efforts on Facebook-owned Instagram, which generated more than a half a million followers.