Update On Children's Marketing

Maine Introduces Bill To Limit Use Of Children's Health Information

Last year, Maine enacted "An Act To Prevent Predatory Marketing Practices Against Minors" that prohibited the collection, receipt and use of personal information and health-related information from minors for marketing purposes without first obtaining verifiable parental consent.  A coalition of publishing and educational groups challenged the law on constitutional grounds, arguing that the law was overbroad and restricted First Amendment rights.  The court subsequently dismissed the complaint because Maine's Attorney General agreed not to enforce the law. 

This year, the Maine legislature introduced a bill titled "An Act to Protect Minors from Pharmaceutical Marketing Practices" (LD 1677) that would repeal the law enacted last year and would prohibit the collection and use of personal information collected on the internet from a minor (i.e., those who are at least 13 and under 17 years of age)