Advertising Targeting Children in Quebec: A Legal Framework and Public Health Policy Ève Bédard, Content and Business Case Development Coordinator Quebec Coalition on Weight-Related Problems

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 2 The Legal Prohibition of Advertising Targeting Children  Since 1980, the Consumer Protection Act includes legislation to protect children with regard to advertising –“Office de la protection du consommateur” (OPC) –Consumer Protection Act, sections 248 and 249 –Regulation Respecting its Application sections 91 –Interpretation Guide lines (1980)

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 3 Nature of the Ad Ban  Commercial advertising directed at persons under thirteen years of age.  The Coalition’s interest : Junk Food Ad Ban

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 4 Historic Background  This legislation has been adopted following the public debate that took place in the 1970s, both in Canada and the United States, with regard to child advertising.

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 5 Historic Background  An imposing Quebec coalition had then been formed by key players of various sectors (education, healthcare, trade- union, consumer affairs, economical) in order to claim the prohibition of any type of advertising aimed at children.

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 6 The Legislation  Section 248 of the Consumer Protection Act poses the General Principle Advertising for persons under 13 Subject to what is provided in the regulations, no person may make use of commercial advertising directed at persons under thirteen years of age.

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 7 The Legislation: the Intent Criteria  Section 249 CPA : The Criteria of intent 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.

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 8 The General Principle of Section 248 CPA  To determine whether or not an advertisement is aimed at by Section 248 CPA, one must understand and consider each of the elements composing the prohibition: Subject to what is provided in the regulations 1.no person may 2.make use of […] advertising 3.commercial 4.directed at persons under thirteen years of age

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 9 1. No Person May…

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems "make use of […] advertising"  Section 252 CPA “to advertise” or “to make use of advertising” For the purposes of sections 231, 246, 247, 247.1, 248 and 250, “to advertise or “to make use of advertising” means to prepare, utilize, distribute, publish or broadcast an advertisement, or to cause it to be distributed, published or broadcast.  Section 1 h) “advertisement” means a message designed to promote goods, services or an organization in Québec;

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems "commercial"  The prohibited advertising is any advertising with a commercial purpose  Educational or societal advertising is therefore authorized under certain conditions: Examples :  Public health advertising campaign promoting a healthy lifestyle  Advertising campaign related to security

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems “directed at persons under thirteen years of age”:  criteria of Section 249 CPA  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.

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 13 The Implementation Guide for Sections 248 and 249 CPA: an essential interpretation tool for the analysis of the criteria A NEW ONE IS COMING…

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 14 (a) the nature and intended purpose of the goods advertised  To verify the implementation of this criteria, it should be determined if this product is:  A product exclusively directed at children and that has a distinctive appeal for them (toys, certain foods, certain candy)  A product not exclusively directed at children but with a distinctive appeal for them (fast food meals, certain foods such as certain cakes, desserts)  A product without any appeal for children, a product directed at adults or teenagers (financial products, alcoholic beverages, certain clothes) Source: Office de la protection du consommateur (1980) reprinted in 1996 (free translation)

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 15 (b) the manner of presenting such advertisement  To verify the implementation of this criteria, it should be determined if the creation and presentation of the advertisement are infantile. Certain elements must be considered, such as the use of:  Appealing music  Characters, animations  Themes  Children’s voices  Sounds, colours, calligraphy or graphic design that attract children’s attention  The presentation is also assessed through the general impression given by the advertisement Source: Office de la protection du consommateur (1980) reprinted in 1996 (free translation)

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 16 (b) the manner of presenting such advertisement …the general impression given by the message (s. 216 and 218 CPA)  Making use of commercial advertising directed at persons under 13 years of age is a prohibited practice  To determine if a representation (an affirmation, a behaviour or an omission) constitutes a prohibited practice, the general impression it gives, and, as the case may be, the literal meaning of the terms used therein must be taken into account (Sections 216 and 218 CPA)  The analysis of the criteria in Section 249 CPA will also be made through the advertisement’s general impression

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 17 (c) the time and place it is shown  For the advertisement broadcast on television, the type of program and the portion of the audience that is under thirteen years old will be considered:  Children’s programming  Programming that children are interested in and with an audience composed of: -Over 15% of children, -Between 5% and 15% are children -Less than 5%  For advertisements broadcast in other places, the children’s rate of attendance

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 18 Nature of the product: without any appeal for children with a distinctive appeal for children exlclusively 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 If 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 If presentation not likely to be interesting for children AUTHORIZED If adv. not specifically created to attract the child’s attention AUTHORIZED If adv. not specifically created to attract the child’s attention Program with an audience composed of less than 5% of children AUTHORIZED If presentation not likely to be interesting for children AUTHORIZED If adv. not specifically created to attract the child’s attention AUTHORIZED If adv. not specifically created to attract the child’s attention

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 19  An advertisement directed at persons older than 13 may be an advertisement directed at children  Section 249 al. 2 CPA Presumption 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. The Presumption…

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 20 There are exceptions…  The exemptions stated in the Implementation Regulation of the CPA For example:  An advertisement in a magazine directed at children sold and published at least every three months  A message aimed at announcing a show targeting children  An advertisement including a storefront, display, container, packaging or label

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 21 These advertisements may not, particularly:  Promote medication or vitamins  Represent a dangerous behaviour or use  Suggest that owning a product will provide a psychological or physical benefit for the child, with regard to other children of his age The exceptions must respect the regulation s.91 ethical standards

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 22 Irwin Toy: The Supreme Court of Canada confirms the constitutional validity and relevance of Sections 248 and 249 CPA  Sections 248 and 249 set a reasonable limit to freedom of expression and are justified in accordance with the first section of the Canadian Charter of Rights and Freedoms and with Section 9.1 of the Quebec Charter of Human Rights and Freedoms  “…In our view, the Attorney General of Quebec has demonstrated that the concern which prompted the enactment of the impugned legislation is pressing and substantial and that the purpose of the legislation is one of great importance. The concern is for the protection of a group which is particularly vulnerable to the techniques of seduction and manipulation abundant in advertising.” “… the concerns which have motivated both legislative and voluntary regulation in this area are the particular susceptibility of young children to media manipulation, their inability to differentiate between reality and fiction and to grasp the persuasive intention behind the message, and the secondary effects of exterior influences on the family and parental authority…”

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 23 The Quebec legislation prohibiting advertising directed at children: a quoted and envied model  In 2004, the World Health Organization conducted a study about the rules that govern the advertising of foods created for children: "Marketing Food to Children: the Global Regulatory Environment"  62 countries oversee television advertising directed at children  3 states prohibit all types of television advertising directed at children (Norway, Sweden, and Quebec)  In 2008, the WHO, various governments, and consumer protection organizations such as Consumers International are deploying important research and awareness efforts with regard to the issue of advertising targeting children Source: Office de la protection du consommateur “La publicité destinée aux enfants au Québec: interprétation et application du cadre juridique actuel” Nov , Journées annuelles de santé publique.

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 24 Obesity Trends* Among U.S. Adults BRFSS, 1990 (*BMI ≥30, or ~ 30 lbs overweight for 5’ 4” person) No Data <10% 10%–14%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 25 Obesity Trends* Among U.S. Adults BRFSS, 1991 (*BMI ≥30, or ~ 30 lbs overweight for 5’ 4” person) No Data <10% 10%–14% 15%–19%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 26 Obesity Trends* Among U.S. Adults BRFSS, 1992 No Data <10% 10%–14% 15%–19%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 27 Obesity Trends* Among U.S. Adults BRFSS, 1993 No Data <10% 10%–14% 15%–19%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 28 Obesity Trends* Among U.S. Adults BRFSS, 1994 No Data <10% 10%–14% 15%–19%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 29 Obesity Trends* Among U.S. Adults BRFSS, 1995 No Data <10% 10%–14% 15%–19%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 30 Obesity Trends* Among U.S. Adults BRFSS, 1996 No Data <10% 10%–14% 15%–19%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 31 Obesity Trends* Among U.S. Adults BRFSS, 1997 No Data <10% 10%–14% 15%–19% ≥20%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 32 Obesity Trends* Among U.S. Adults BRFSS, 1998 No Data <10% 10%–14% 15%–19% ≥20%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 33 Obesity Trends* Among U.S. Adults BRFSS, 1999 No Data <10% 10%–14% 15%–19% ≥20%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 34 Obesity Trends* Among U.S. Adults BRFSS, 2000 No Data <10% 10%–14% 15%–19% ≥20%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 35 Obesity Trends* Among U.S. Adults BRFSS, 2001 No Data <10% 10%–14% 15%–19% 20%–24% ≥25%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 36 Obesity Trends* Among U.S. Adults BRFSS, 2002 No Data <10% 10%–14% 15%–19% 20%–24% ≥25%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 37 Obesity Trends* Among U.S. Adults BRFSS, 2003 No Data <10% 10%–14% 15%–19% 20%–24% ≥25%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 38 Obesity Trends* Among U.S. Adults BRFSS, 2004 No Data <10% 10%–14% 15%–19% 20%–24% ≥25%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 39 Obesity Trends* Among U.S. Adults BRFSS, 2005 No Data <10% 10%–14% 15%–19% 20%–24% 25%–29% ≥30%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 40 Obesity Trends* Among U.S. Adults BRFSS, 2006 No Data <10% 10%–14% 15%–19% 20%–24% 25%–29% ≥30%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems Obesity Trends* Among U.S. Adults BRFSS, 1990, 1995, No Data <10% 10%–14% 15%–19% 20%–24% 25%–29% ≥30%

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 42 The Coalition’s misson  Created in 2006, the Quebec Coalition on Weight-Related Problems, is working toward the adoption of specific public policies with regard to weight related issues. It acts within three strategic areas (agri-food industry, sociocultural, and built environment) to foster the development of environments that help in making healthy choices and preventing weight related issues.

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 43 Weight-Related problems and Junk Ad Ban to children  Part of a public health problem  Part of a framework for action to create Supportive Manmade, Agri-Food and Socio-Cultural Environments

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 44 Changing the socio-cultural sector  The Ad Ban is Part of a healthy public policy

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 45 Some Facts… SOURCE: OPC, “Your kids and Ads” (2009)

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 46 The Coalition’s Role in the Junk Food Ad Ban  Since 2007, the Coalition gave itself the mission of continually monitoring the food industry.

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 47 IGOR muffins Marketing Campaign in Quebec daycares

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 48 IGOR muffins Marketing Campaign in Quebec daycares  To promote its new product, the Igor cake, Saputo Groupe Boulangerie had introduced promotional items (CDs, posters, stickers, Igor cakes and discount coupons) in over 230 childcare centres in Quebec early in the year  The Coalition and the “Union des consommateurs” then publicly denounced this practice and asked the OPC to put an end to this promotion campaign and bring charges against Saputo.  Saputo was accused of violating Section 248 of the Consumer Protection Act which prohibits commercial advertising directed at children under 13 years of age.  On January 26, 2009, Saputo recorded a guilty plea to twenty-two of the thirty counts of illegal commercial child advertising against it.

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 49 Press Clips  “The junk food wars: Quebec scores sweet victory in battle against childhood obesity”, Graeme Hamilton, National Post, A3, 27 janvier 2009  “Snack-cake baker fined for targeting youngsters”, Andrew Chung, Toronto Star, A2, 27 janvier 2009

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 50 Pending cases  General Mill’s—Lucky Charms  Burger King  Mc Donald’s

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 51 Pending Cases  General Mill’s – Lucky Charms

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems 52 Burger King

February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems Quebec Survey on Marketing to Children  Most of the Quebec adult population (74%) thinks that children are “very often” (25%) or “often” (49%) exposed to advertising specifically targeting children.  Nine out of ten Quebecers (88%) think that it is necessary to specifically control advertising targeting children.  Most of the respondents (91%) think that the Consumer Protection Act banning advertising targeting children under 13 should be enforced “more severely” (60%) or “as severely” (31%).