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Banning Advertising to Children: Quebec Model and Policy Options

Banning Advertising to Children: Quebec Model and Policy Options. Preventing Childhood Obesity March 22, 2011. Quebec Coalition on Weight-Related Problems. Weight Coalition. Created in 2006 Sponsored since 2008 by the Concept inspired by the Coalition québécoise pour le contrôle du tabac

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Banning Advertising to Children: Quebec Model and Policy Options

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

  2. 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 PreventingChildhoodObesity - Presentation by Suzie Pellerin

  3. The Coalition’s Mandate • Obtain the required support • To 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. Preventing Childhood Obesity - Presentation by Suzie Pellerin

  4. Collaborative Action on Childhood Obesity • 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 Preventing Childhood Obesity - Presentation by Suzie Pellerin

  5. Banning Advertising Directed at Children NORWAY OMBUDSMAN SWEDEN QUEBEC Preventing Childhood Obesity - Presentation by Suzie Pellerin

  6. 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 Preventing Childhood Obesity - Presentation by Suzie Pellerin

  7. Lessons learned from the Quebec model Preventing Childhood Obesity - Presentation by Suzie Pellerin

  8. Scope of the Law: Listening Periods • Is not adapted to: • multiplication of TV channels • new technologies (TV presence on Web) • marketing beyond traditional advertising Preventing Childhood Obesity - Presentation by Suzie Pellerin

  9. Scope of the Law: Listening Periods Laperrière, J.-P. (2010) . Travaux de maîtrise. Groupe de recherche Médias et santé – UQAM. Preventing Childhood Obesity - Presentation by Suzie Pellerin

  10. Scope of the Law: Audience Composition Preventing Childhood Obesity - Presentation by Suzie Pellerin

  11. Showcase Containers Labels Magazines for children Displays Packaging Show advertising Exclusions: Application of the CPA R.R.Q., 1981, c. P-40.1, r. 1. 11 Preventing Childhood Obesity - Presentation by Suzie Pellerin

  12. 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 Preventing Childhood Obesity - Presentation by Suzie Pellerin

  13. Application of the Law: Surveillance Resources • Over 30 years • Few complaints • Guilty pleas resulting from Weight Coalition complaints • Igor muffins’ marketing by Saputo • Igor advertising firm • Burger King • McDonald’s • General Mills – Lucky Charms Preventing Childhood Obesity - Presentation by Suzie Pellerin

  14. Quebec – Canada Contrast Access to Froot Loops Website in Quebec Access to Froot Loops Website in other provinces and territories Childrenaged 6 to 12 Complete access to the website’sgames. • Childrenaged 6 to 12 Unable to access the websitefurther. www.frootloops.ca Preventing Childhood Obesity - Presentation by Suzie Pellerin

  15. Public Policy Options to Ban Marketing Directed at Children Preventing Childhood Obesity - Presentation by Suzie Pellerin

  16. Federal Legislative Changes • Advertising is defined: • 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.  •  Consumer Packaging and Labelling Act Representation 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: • 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. • 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. Preventing Childhood Obesity - Presentation by Suzie Pellerin

  17. 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 Preventing Childhood Obesity - Presentation by Suzie Pellerin

  18. Scenario 1: Overall Ban • Banning all types of marketing directed at children • Inspired by the Quebec model • Proposed by New DemocraticMember of Parliament Peter Julian • Amending the Food and DrugsAct • Amending the Consumer Packaging and Labeling Act Preventing Childhood Obesity - Presentation by Suzie Pellerin

  19. Scenario 1: Overall Ban • Food and DrugsAct • Addfollowingparagraph 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. Preventing Childhood Obesity - Presentation by Suzie Pellerin

  20. Scenario 1: Overall Ban • Competition Act • Addfollowingparagraph 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. • Addfollowingparagraph to Section 74.01 74.011 (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. Preventing Childhood Obesity - Presentation by Suzie Pellerin

  21. Scenario 1: Overall Ban • Competition Act (continued) • Addfollowingparagraph 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 for persons thirteen years of age or over. Preventing Childhood Obesity - Presentation by Suzie Pellerin

  22. 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 Preventing Childhood Obesity - Presentation by Suzie Pellerin

  23. Scenario 2: Partial Ban • Food and DrugsAct • Addfollowingparagraph 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. Preventing Childhood Obesity - Presentation by Suzie Pellerin

  24. Scenario 2: Partial Ban • Defining 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 Preventing Childhood Obesity - Presentation by Suzie Pellerin

  25. Federal Legislative Changes Scenario 1: Overall Ban Scenario 2: Partial Ban Amendments to one law Food and Drugs Act Laborious process of defining More specific • Amendments to two laws • Food and Drugs Act • Competition Act • Simple in its application • Encompassing • Quebec experience • Equitable across industries Preventing Childhood Obesity - Presentation by Suzie Pellerin

  26. 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 Preventing Childhood Obesity - Presentation by Suzie Pellerin

  27. Provincial Legislative Changes • Business Practices and Consumer Protection Act • Addfollowingparagraph to Section 6 (1), part 2 Subject 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. Preventing Childhood Obesity - Presentation by Suzie Pellerin

  28. 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 HealthOrganization (2009, November 26). Prevention and control of noncommunicable diseases: implementation of the global strategy. Report by the Secretariat, ExecutiveBoard, 126th Session. Consultedathttp://apps.who.int/gb/ebwha/pdf_files/EB126/B126_12-en.pdf Preventing Childhood Obesity - Presentation by Suzie Pellerin

  29. Want to know more? www.cqpp.qc.ca Preventing Childhood Obesity - Presentation by Suzie Pellerin

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