Banning Advertising to Children: Quebec Model and Policy Options Preventing Childhood Obesity March 22, 2011 Quebec Coalition on Weight-Related Problems

Banning Advertising to Children: Quebec Model and Policy Options

Preventing Childhood ObesityMarch 22, 2011

Quebec Coalition on Weight-Related Problems

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Weight Coalition

Created in 2006

Sponsored since 2008 by the

Concept inspired by the Coalition québécoise pour le contrôle du tabac

A well established voice to work toward change

Supported by over 100 partners

March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin

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The Coalition’s Mandate

Obtain the required supportTo make demands for changing legislation and regulations and public policy in three strategic areas:• Agri-food industry• Sociocultural• Built environment

In order to encourage the development of environments that help in making healthy choices and will contribute to preventing weight related issues.

March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin

Members :• Quebec Coalition on Weight-Related Problems• Chronic Disease Prevention Alliance of Canada • Childhood Obesity Foundation• University of Ottawa• Fondation des maladies du cœur du Québec• Gouvernement des Territoires du Nord-Ouest

Collaborative Action on Childhood Obesity

4March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin

Banning Advertising Directed at Children

March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin 5

QUEBEC

NORWAYSWEDEN

Quebec Consumer Protection Act

Prohibits commercial advertising aimed at children under 13 Article 248• Subject to what is provided in the regulations, no person may

make use of commercial advertising directed at persons under thirteen years of age.

Article 249• To determine whether or not an advertisement is directed at

persons under thirteen years of age, account must be taken of the context of its presentation, and in particular of:

a) the nature and intended purpose of the goods advertised;b) the manner of presenting such advertisement;c) the time and place it is shown.

L.R.Q., chapitre P-40.1, 1978, c. 9, a. 248-249

March 22nd,2011 6Preventing Childhood Obesity - Presentation by Suzie Pellerin

Lessons learned from the Quebec model


Scope of the Law: Listening PeriodsIs not adapted to:• multiplication of TV channels• new technologies (TV presence on Web)• marketing beyond traditional advertising


Scope of the Law: Listening Periods


Laperrière, J.-P. (2010) . Travaux de maîtrise. Groupe de recherche Médias et santé – UQAM.


Scope of the Law: Audience Composition

Nature of the product:

without any appeal for children

with a distinctive appeal for children

exclusively directed at children

DEFINITIONS:

TV time and place:

Products directed at adults and teenagers

Products directed at families/all age groups

Products directed at children and offering a distinctive appeal for them

Program for children (audience composed of over 15% of children)

AUTHORIZED IFIf presentation not likely to be interesting for children

NOT AUTHORIZED Except if presentation not likely to be interesting for children

NOT AUTHORIZED

Program with an audience composed of 5% to 15% of children

AUTHORIZED IFpresentation not likely to be interesting for children

AUTHORIZED IFmessage non conçu de façon à susciter particulièrement l’intérêt de l’enfant

Program with an audience composed of less than 5% of children


Exclusions: Application of the CPA

Showcase

Containers

Labels

Magazines for children

Displays

Packaging

Show advertising

R.R.Q., 1981, c. P-40.1, r. 1.

Investigation Process: “Chaotic”


•Energy drink aimed at children

•Associated with a website, a TV show, and collectible cards

•Code on the can granted access to the website to play online

Application of the Law: Surveillance Resources

Over 30 yearsFew complaintsGuilty pleas resulting from Weight Coalition complaints• Igor muffins’ marketing by Saputo• Igor advertising firm• Burger King• McDonald’s• General Mills – Lucky Charms


Quebec – Canada ContrastAccess to Froot Loops Website

in Quebec

Children aged 6 to 12

Unable to access the website further.

Access to Froot Loops Website in other provinces and territories

Children aged 6 to 12

Complete access to the website’s games.


www.frootloops.ca

Public Policy Options to Ban Marketing Directed at

Children


Federal Legislative ChangesAdvertising is defined:

1. Food and Drugs Act Any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic or device.

2. Consumer Packaging and Labelling ActRepresentation to the public by any means whatever, other than a label, for the purpose of promoting directly or indirectly the sale of a product.

Some advertising is prohibited:1. Food and Drugs Act

No person shall advertise any food, drug, cosmetic or device to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.

2. Tobacco Act Subject to this section, no person shall promote a tobacco product by means of an advertisement that depicts, in whole or in part, a tobacco product, its package or a brand element of one or that evokes a tobacco product or a brand element.


Federal Legislative Changes

Two scenarios to prohibit advertising directed at children:

• Scenario 1 : Overall ban on marketing directed at children

• Scenario 2 : Partial ban on marketing directed at children


Scenario 1: Overall BanBanning all types of marketing directed at children• Inspired by the Quebec model

• Proposed by New Democratic Member of Parliament Peter Julian

• Amending the Food and Drugs Act

• Amending the Consumer Packaging and Labeling Act


Scenario 1: Overall BanFood and Drugs Act• Add following paragraph to Section 3 (1)

No person shall direct any advertising or promotion, for commercial purposes, of any food, drug, cosmetic or device at persons under 13 years of age.

To determine if an advertising message is intended or not for a public under the age of 13, the context of the presentation must be considered, namely:

a) the nature of the food, the packaging, and the brand;b) the manner in which the advertising message is presented;c) the moment or the place where it appears.

It is not to be presumed from the fact that an advertising message that is found within a printed form intended for a public of 13 years of age and older or intended for both a public under the age of 13 and 13 years of age and older, or that it is diffused during a listening period intended for a public of 13 years of age and older or intended for both a public under the age of 13 and 13 years of age and older, that the advertising message is not intended for a public under the age of 13.


Scenario 1: Overall BanCompetition Act• Add following paragraph to Section 52 (1.2)

For the purposes of subsection (1), advertising or promotion directed at persons under thirteen years of age, as determined in accordance with subsection 74.011(2) and (3), is deemed to be a recklessly made representation that is false or misleading in a material respect.

• Add following paragraph to Section 74.0174.011 (1) A person engages in reviewable conduct who, for the purpose of

promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever, directs any advertising or promotion, for commercial purposes, at persons under thirteen years of age.

(2)Whether advertising or promotion is directed at persons under thirteen years of age shall be determined by taking into consideration its context, including:

(a) the nature and intended purpose of the product or the business interest it promotes;(b) the manner in which the advertising or promotion is presented;(c) the time and place it is presented.


Scenario 1: Overall Ban

Competition Act (continued)• Add following paragraph to Section 74.01

(3) The fact that advertising or promotion is presented in the following manner does not by itself establish that it is not directed at persons under thirteen years of age:

(a) in printed material intended for persons thirteen years of age or over;(b) in a broadcast during air time intended for persons thirteen years of age or over; or(c) in any manner intended both for persons under thirteen years of age and forpersons thirteen years of age or over.


Scenario 2: Partial Ban

Ban advertising of unhealthy food and beverages directed at children• More specific

• Amending the Food and Drugs Act

• Requiring definition of healthy and unhealthy foods


Scenario 2: Partial Ban

Food and Drugs Act• Add following paragraph to Section 3 (1)

No person shall advertise any unhealthy food or advertise for any packaging or brands thereof, to children under the age of 13.

To determine if an advertising message is intended or not for a public under the age of 13, the context of the presentation must be considered, namely:

a) the nature of the food, the packaging and the brand;b) the manner in which the advertising message is presented;c) the moment or the place where it appears.

It is not to be presumed from the fact that an advertising message that is found within a printed form intended for a public of 13 years of age and older or intended for both a public under the age of 13 and 13 years of age and older, or that it is diffused during a listening period intended for a public of 13 years of age and older or intended for both a public under the age of 13 and 13 years of age and older, that the advertising message is not intended for a public under the age of 13.


Scenario 2: Partial BanDefining healthy and unhealthy foods• Scenario 2 implies that Canada must adopt clear, working

definitions of food categories• Complex endeavour arousing boisterous debates• Many countries have such definitions• Why?

• Limiting exposure of certain ads• Enrichment and fortification• Labeling and health allegations• Food reformulation• Overseeing distribution in public places


Federal Legislative Changes

Scenario 1: Overall BanAmendments to two laws• Food and Drugs Act• Competition Act

Simple in its application

Encompassing

Quebec experience

Equitable across industries

Scenario 2: Partial BanAmendments to one law• Food and Drugs Act

Laborious process of defining

More specific


Provincial Legislative Changes

Le cas de la Colombie-Britannique• Amending the Business Practices and Consumer Protection

Act, which explicitely prohibits deceptive marketing practices, to add a provision similar to the one in Quebec’s Consumer Protection Act


Provincial Legislative ChangesBusiness Practices and Consumer Protection Act• Add following paragraph to Section 6 (1), part 2Subject to what is provided in the regulations, no person may make use of commercial

advertising directed at persons under thirteen years of age.

To determine whether or not an advertisement is directed at persons under thirteen years of age, account must be taken of the context of its presentation, and in particular of:

(a) the nature and intended purpose of the goods advertised; (b) the manner of presenting such advertisement; (c) the time and place it is shown.

The fact that such advertisement may be contained in printed matter intended for persons thirteen years of age and over or intended both for persons under thirteen years of age and for persons thirteen years of age and over, or that it may be broadcast during air time intended for persons thirteen years of age and over or intended both for persons under thirteen years of age and for persons thirteen years of age and over does not create a presumption that it is not directed at persons under thirteen years of age.


Public Policy Option Recommendations

Regulations taking into consideration new technologies and marketing tactics• sponsorship, product placement, sales promotion, cross-promotions

using celebrities, brand mascots or characters popular with children, web sites, packaging, labelling and point-of-purchase displays, e-mails and text messages, philanthropic activities tied to branding opportunities, and “viral marketing”, etc.1

Regulatory framework accounting for viewing habits

Surveillance resources


1 World Health Organization (2009, November 26). Prevention and control of noncommunicable diseases: implementation of the global strategy. Report by the Secretariat, Executive Board, 126th Session. Consulted at http://apps.who.int/gb/ebwha/pdf_files/EB126/B126_12-en.pdf


Documents

Banning Advertising to Children: Quebec Model and Policy Options Preventing Childhood Obesity March 22, 2011 Quebec Coalition on Weight-Related Problems