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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

Banning Advertising to Children: Quebec Model and Policy Options

Preventing Childhood Obesity

March 22, 2011

Quebec Coalition on Weight-Related Problems


Weight coalition
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


The coalition s mandate
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


Collaborative action on childhood obesity
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


Banning advertising directed at children
Banning Advertising Directed at Children

NORWAY

OMBUDSMAN

SWEDEN

QUEBEC

Preventing Childhood Obesity - Presentation by Suzie Pellerin


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


Lessons learned from the quebec model
Lessons learned from the Quebec model

Preventing Childhood Obesity - Presentation by Suzie Pellerin


Scope of the law listening periods
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


Scope of the law listening periods1
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


Scope of the Law: Audience Composition

Preventing Childhood Obesity - Presentation by Suzie Pellerin


Exclusions application of the cpa

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


Investigation process chaotic
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


Application of the law surveillance resources
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


Quebec canada contrast
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


Public policy options to ban marketing directed at children
Public Policy Options to Ban Marketing Directed at Children

Preventing Childhood Obesity - Presentation by Suzie Pellerin


Federal legislative changes
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


Federal legislative changes1
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


Scenario 1 overall ban
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


Scenario 1 overall ban1
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


Scenario 1 overall ban2
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


Scenario 1 overall ban3
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


Scenario 2 partial ban
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


Scenario 2 partial ban1
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


Scenario 2 partial ban2
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


Federal legislative changes2
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


Provincial legislative changes
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


Provincial legislative changes1
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


Public policy option recommendations
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


Want to know more
Want to know more?

www.cqpp.qc.ca

Preventing Childhood Obesity - Presentation by Suzie Pellerin


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