Content Labeling and Parental Advisory Standards for Merchandise Marketed to Minors
SHORT SUMMARY
This policy is about adding “advisory labels” to some things sold to kids and teens, like certain clothes, books, or other stuff, if they include themes that might be better understood with a parent’s guidance. For example, if something has mature or sensitive topics, it might get a label that says, “Parental Advisory: Sensitive Themes.”
The idea is to help parents know what’s in the stuff that’s being sold so they can make choices for their kids. This doesn’t mean stores can’t sell things with diverse identities or perspectives—those are totally fine! It’s really just about giving parents a heads-up about themes that might need a bit of explaining. Plus, there would be a website where parents can get info about all kinds of content and products.
It’s basically like movie ratings but for things besides movies, helping parents be aware without banning or limiting what you can buy or read.
*Additionally, overturning the Smith-Mundt Modernization Act could offer an additional layer of control over media and merchandise messaging, potentially limiting the reach of certain types of content, including LGBTQ+ themes, aimed at minors. *
Content Labeling and Parental Advisory Standards for Merchandise Marketed to Minors
Purpose:
This policy seeks to establish clear content labeling and parental advisory standards for commercial merchandise marketed specifically to minors. Its goal is to support parental guidance in consumer choices and enhance transparency regarding content themes, while preserving freedom of expression and avoiding discrimination based on viewpoint or identity.
1. Scope of the Policy
- Applies to commercial retailers and e-commerce platforms selling goods explicitly marketed toward minors, such as clothing, books, accessories, and other youth-focused merchandise.
- Exemptions: This policy does not mandate labeling for any content based on the representation of race, gender, sexual orientation, religion, or political identity, in compliance with First Amendment protections.
2. Content Advisory Standards
- Sensitive Content Classification: Establish a general advisory for merchandise containing potentially sensitive themes, defined as:
- Explicit or graphic depictions of violence, sexual content, or adult themes.
- Any content intended primarily for educational or informative purposes on complex topics (e.g., mental health, personal identity) that may be suitable for older minors under parental guidance.
- This classification does not apply to content that merely represents or includes diverse identities or expressions, ensuring that all forms of identity representation are protected from undue restriction.
3. Labeling Requirements
- For merchandise that falls under the “Sensitive Content Classification,” retailers are encouraged (or required, if federally mandated) to provide clear and visible advisory labels, such as:
- “Parental Advisory: Sensitive Themes” for products containing mature content.
- Labels must be prominently displayed on product packaging and/or digital product listings where applicable.
- The goal of the labeling is to guide parental awareness, not to restrict or inhibit the sale of merchandise.
4. Retailer Compliance and Voluntary Participation
- Retailers are encouraged to participate voluntarily to help establish uniform standards for advisory labeling.
- The Federal Trade Commission (FTC) could oversee compliance for accuracy in advisory labels on digital platforms, ensuring that labels do not misrepresent the product.
5. Parental Resources and Education
- Development of a federally supported, publicly accessible online database where parents can search for general information on merchandise and media classifications, providing guidance on age-appropriate themes without restricting content access.
- Educational outreach, through the Department of Education, to assist parents and guardians in understanding media literacy and evaluating consumer products marketed to minors.
6. Review and Appeals Process
- Establish a process allowing manufacturers or creators to appeal classification decisions if they believe a product was incorrectly labeled as containing sensitive themes.
- A federal review board, in partnership with child development experts, media specialists, and legal advisors, would evaluate appeals to ensure fair and consistent labeling practices.
Conclusion:
This policy aims to support parental involvement in the selection of merchandise marketed to minors while upholding constitutional rights to free expression and non-discrimination. By focusing on advisory labeling and educational resources, this policy encourages transparency without infringing on the diversity of content and identity representation within commercial products.
Additionally, overturning the Smith-Mundt Modernization Act could offer an additional layer of control over media and merchandise messaging, potentially limiting the reach of certain types of content, including LGBTQ+ themes, aimed at minors. By reinstating restrictions on government-sponsored media domestically, the government could take a more active role in regulating and influencing which themes are considered suitable for minors, aligning with broader efforts to guide the cultural and educational narratives accessible to young audiences. This move could support a more tailored approach to age-appropriate media and merchandise, in line with parental preferences and traditional values.