The COVID-19 pandemic has brought states’ obligations in relation to public health into sharp focus. State duties to adopt legislation to protect the public from health threats have been broadly accepted, even in countries where neoliberal policies dominate and market intervention has often been condemned as paternalistic. Yet, while restrictions have been vital to halt the spread of communicable disease, they have had negative side effects on other health priorities, including prevention of non-communicable diseases (NCDs).

Obesity and COVID-19 are syndemic. COVID-19 stay at home mandates have led to increased inactivity among children, coupled with more screen time. Families ordered to stay at home have faced new pressures, all the while losing supports and outlets for their children, like sports and other activities. Staying at home and spending more time on devices increases exposure to unhealthy food marketing. The family’s diet may also be affected because of reliance on processed food due to limited time and resources. Already, signs are emerging of an increase in BMI in children during the pandemic. Meanwhile, increased snacking and decreased physical exercise has been reported among children and adults alike.

Prior to the COVID-19 pandemic, international health and child organisations had repeatedly sounded the alarm regarding unhealthy food marketing and childhood obesity. In 2010, through the World Health Assembly (WHA), states endorsed recommendations on limiting marketing of food and non-alcoholic beverages to children. In 2013, European health ministers pledged to take‘decisive action’ to reduce food marketing pressure, while the WHO Europe Food and Nutrition Action Plan 2015–2020 called for countries to adopt‘strong measures’ to reduce food marketing. In 2017, the WHO Western Pacific Region adopted a resolution on protecting children from the harmful impact of food marketing, followed by a 2020 Regional Action Framework.

Childhood obesity and unhealthy food marketing have increasingly been recognised as children’s rights issues. The 2018 UN political declaration on NCDs, inter alia, reaffirms the right to health and recognises that current efforts to prevent and control NCDs are insufficient.