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Michael Colosi, Kurbo’s general counsel, said in a statement that the information the company collects is only used to help users improve their eating habits. He added that the company did not violate COPPA and that the agreement was not an admission of misconduct.

“The limited information received in the free app experience is designed to be collected in an anonymous environment and is used solely to help users develop better eating habits,” he said. “Kurbo has never targeted children with ads, sold data to third parties, or monetized its users in any way.”

Ben Winters, general counsel for the Electronic Privacy Information Center, said the FTC appears to be enforcing a version of a legal doctrine known as the “fruit of the poisonous tree,” and that evidence is deemed inadmissible if it is obtained illegally. He said the commission had previously implemented the doctrine when it fined Facebook nearly $5 billion for allowing it. Cambridge Analyticsa British consulting firm to collect personal information from its users.

“It’s a privacy lawsuit enforced using the only real privacy law we have – and it’s just for kids,” Mr Winters said, referring to COPPA. “It’s interesting that the FTC would use poison tree remedy in a more mundane situation, and that’s something we really want to see.”

this The American Pediatric Association published a report in 2016. discouraging parents and families from discussing weight and weight loss with their children, warning that such talk can increase the likelihood that children will develop an eating disorder. The report encouraged families to emphasize healthy eating habits and an active lifestyle instead.

Kurbo’s website features testimonials from 10-year-old users who say they use the site’s “traffic light food system” to lose weight. Healthy foods like skim milk, fruits and vegetables are given the “green light”, while “red light” foods like cookies and cakes, as well as whole milk and peanut butter, are discouraged. Kids who reach their weekly diet and exercise goals are rewarded in the Kurbo app.

“Food is food, and it’s scary to think about giving kids messages that suggest otherwise,” said Anna Sweeney, a dietitian specializing in eating disorders. “Children grow into adults and then have the misfortune of having to heal their relationship with food that was damaged when they were very, very young.”