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

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

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

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

5. Banning Advertising Directed at Children March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin 5 QUEBEC NORWAY SWEDEN

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

7. Lessons learned from the Quebec model March 22nd,2011 7 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 March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin 8

9. Scope of the Law: Listening Periods March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin 9 Laperrière, J.-P. (2010). Travaux de maîtrise. Groupe de recherche Médias et santé – UQAM.

10. March 22nd,2011 10 Preventing Childhood Obesity - Presentation by Suzie Pellerin 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 IF 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 message non conçu de façon à susciter particulièrement l’intérêt de l’enfant Program with an audience composed of less than 5% of children

11. March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin 11 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.

12. Investigation Process: “Chaotic” March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin 12 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

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 March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin 13

14. Quebec – Canada Contrast Access 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. March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin 14 www.frootloops.ca

15. Public Policy Options to Ban Marketing Directed at Children March 22nd,2011 15 Preventing Childhood Obesity - Presentation by Suzie Pellerin

16. Federal Legislative Changes Advertising 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 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: 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. 16 March 22nd,2011Preventing 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 17 March 22nd,2011Preventing 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 Democratic Member of Parliament Peter Julian Amending the Food and Drugs Act Amending the Consumer Packaging and Labeling Act 18 March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin

19. Scenario 1: Overall Ban Food 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. 19 March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin

20. Scenario 1: Overall Ban Competition 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 74.01 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. 20 March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin

21. 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 for persons thirteen years of age or over. 21 March 22nd,2011Preventing 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 22 March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin

23. 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. 23 March 22nd,2011Preventing 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 24 March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin

25. Federal Legislative Changes Scenario 1: Overall Ban Amendments to two laws Food and Drugs Act Competition Act Simple in its application Encompassing Quebec experience Equitable across industries Scenario 2: Partial Ban Amendments to one law Food and Drugs Act Laborious process of defining More specific March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin 25

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

27. Provincial Legislative Changes Business Practices and Consumer Protection Act Add following paragraph 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. March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin 27

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 March 22nd,2011Preventing Childhood Obesity - Presentation by Suzie Pellerin 28 1 World Health Organization (2009, November 26). Prevention and control of noncommunicable diseases: implementation of the global strategy. Report by the Secretariat, Executive Board, 126 th Session. Consulted at http://apps.who.int/gb/ebwha/pdf_files/EB126/B126_12-en.pdf

29. March 22nd,2011 29 Preventing Childhood Obesity - Presentation by Suzie Pellerin