Cecily Zamora
In Canada, children are recognised as a vulnerable group when it comes to advertising, and there are several laws and guidelines in place to protect them. While there are no federal laws that specifically regulate marketing to children, broadcast advertising that is child-directed is subject to the Broadcast Code for Advertising to Children, which is administered by the Children's Clearance Committee. The province of Quebec has its own laws prohibiting commercial advertising to children under the age of 13, which apply to a range of media including web, radio, television, and print materials. Outside of Quebec, Canada's framework for regulating food and beverage advertising to children under 13 is one of the strongest in the world. This includes the Code for the Responsible Advertising of Food and Beverage Products to Children, which prohibits advertising food and drinks to children under 13 unless certain nutritional thresholds are met.
| Characteristics | Values |
|---|---|
| Commercial messages | Must be pre-cleared and have the requisite Ad Standards clearance number |
| Children's programs | Refers to programs directed at under-12s, as defined by the broadcaster |
| Child-directed messages | Refers to a commercial message on behalf of a product or service for which children are the only users or form a substantial proportion of the users |
| Commercial advertising | Prohibited if it targets children under the age of 13 in Quebec |
| Enforcement & Jurisdiction | The Children's Advertising Section of Ad Standards/Children's Clearance Committee |
| Food and beverage advertising | Must meet specified nutrition criteria to be advertised to children under 13 |
| Food and beverage advertising | Must not urge children to purchase or ask another person to purchase |
| Food and beverage advertising | Must not appear in media where children spend much time, e.g. social media, streaming services, apps, games, and product placements |
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What You'll Learn
Quebec's ban on advertising to children under 13
Canada has a robust framework for regulating food and beverage advertising aimed at children under 13. This includes the Code for the Responsible Advertising of Food and Beverage Products to Children and the Guide for the Responsible Advertising of Food and Beverage Products to Children (Food and Beverage Code and Guide). The framework also includes the Food and Drugs Act and the Canadian Food Inspection Agency's Food Labelling for Industry (CFIA Industry Labelling Tool).
Quebec has had legislation to protect children from advertising since the 1980s. The province's Consumer Protection Act prohibits commercial advertising that targets children under 13. Quebec's legislation has led to children in the province seeing fewer food and beverage ads on French-language stations than their peers watching English-language stations in Quebec and Ontario. Advertising expenditures for food products aimed at children were also lower in Quebec than in the rest of Canada in 2019.
The Office de la protection du consommateur oversees compliance with Quebec's prohibition on advertising to children under 13. It has created a guide titled "Advertising Directed at Children under 13 Years of Age" to help businesses understand the scope of the legislative provisions and determine whether an ad is aimed at children. The office also offers resources for parents and teachers to help children become more aware of the effects of advertising and develop critical thinking about consumer issues.
While Quebec's ban on advertising to children under 13 is a positive step, it is not without its challenges. The province has taken steps to address these issues, and its efforts have made a tangible impact on reducing the amount of advertising directed at children and its influence on their purchasing behaviour.
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The Children's Code
In Canada, there are various laws and guidelines in place to govern advertising directed at children. While there are no federal laws specifically regulating marketing to children, broadcast advertising that targets children is subject to the Broadcast Code for Advertising to Children, also known as The Children's Code. This code is administered by the Children's Clearance Committee, which is composed of nine members, including a chairperson, three public representatives, and representatives from relevant regulatory bodies.
In the province of Quebec, there is specific legislation prohibiting commercial advertising to children under the age of thirteen. This legislation covers various media forms, including web, radio, television, mobile, signage, and printed materials. Quebec is the only jurisdiction in Canada with this type of law.
Canada has also implemented regulations specifically targeting food and beverage advertising directed at children. The Code for the Responsible Advertising of Food and Beverage Products to Children, often referred to as "the Code," prohibits advertising food and drinks to children under the age of thirteen unless certain nutritional thresholds are met. This code applies to all advertisements directed at Canadian residents, including those on social media, streaming services, apps, games, and product placements.
Health Canada has played a significant role in driving these changes by proposing amendments to the Food and Drug Regulations to restrict advertising to children of foods high in sodium, sugars, and saturated fat. These initiatives are part of the Healthy Eating Strategy, aiming to protect children's health and support the development of healthy eating habits early in life.
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Food and beverage advertising restrictions
Canada has a robust framework for regulating food and beverage advertising directed at children under 13. This framework includes the Code for the Responsible Advertising of Food and Beverage Products to Children (FBA Code) and its complementary Guide for the Responsible Advertising of Food and Beverage Products to Children. The FBA Code, which came into effect on June 28, 2023, prohibits advertising food and beverage products to children under 13 unless certain nutritional criteria are met. This restriction applies to all advertisements directed at Canadian residents, regardless of the media platform used, including social media, streaming services, apps, games, and product placements.
The FBA Code also prohibits specific practices, such as advertising food or beverage products in elementary or middle schools, regardless of their nutritional profile. It is prohibited to use language that directly urges children to purchase a product or ask someone else to buy it for them. For example, phrases like "Hey kids, buy me!" or "Ask your parents to buy this product!" are not allowed. Additionally, the code prohibits practices such as paying to place a food or beverage product in entertainment or editorial content primarily directed at children to promote sales.
The FBA Code is administered by Ad Standards, the advertising industry's self-regulatory body. Ad Standards provides pre-clearance services and handles enforcement actions for non-compliant advertisements. While the FBA Code is not a law, Ad Standards can require advertisers to withdraw or amend non-compliant advertisements and may publicly identify them. Ad Standards evaluates each advertisement on its own merits and considers factors such as the nature and intended purpose of the product, the content and context of the advertisement, and the characteristics of the target audience.
In addition to the FBA Code, Health Canada has proposed amendments to the Food and Drug Regulations to restrict advertising to children of foods high in sodium, sugars, and saturated fat. These amendments aim to address the impact of advertising on children's diets and health. The proposed restrictions could be implemented under the existing Food and Drugs Act or new legislation if Bill C-252 receives Royal Assent. Monitoring food advertising to children is a crucial aspect of Health Canada's role in developing evidence-informed nutrition policies.
Furthermore, the province of Quebec has banned commercial advertising to children under 13 through the Consumer Protection Act since 1980. In contrast, the rest of Canada relies on self-regulation by the food and beverage industry. However, studies have suggested that self-regulation is ineffective in protecting children from unhealthy food and beverage advertising. Federal-level regulations, such as those proposed in Bill C-252, are needed to ensure consistent protection for children across the country.
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The role of Ad Standards
Ad Standards (formerly Advertising Standards Canada) is the advertising industry's non-profit self-regulating body created in 1957 to ensure the integrity and viability of advertising in Canada. Ad Standards does not have legal powers, but its self-regulatory framework is widely adhered to by Canadian businesses and helps them comply with provincial and federal advertising regulations. The Canadian Code of Advertising Standards (the Code) was first published in 1963 and has been periodically updated to keep pace with changes in the Canadian advertising landscape. Ad Standards' main role is to uphold the Code, which sets the criteria for acceptable advertising and forms the basis for the review and adjudication of consumer and trade complaints. The Code applies to all businesses advertising to Canadian consumers, including Canadian individuals and businesses operating abroad, and even nonprofits, those not involved in commercial advertising, and government agencies.
Ad Standards provides pre-clearance for advertising in six categories: children's, food and non-alcoholic beverages, responsible advertising of food and beverages to children, alcoholic beverages, consumer drugs, and cosmetics. All children's advertising must conform to the Children's Code, be pre-cleared in accordance with the procedures set out by Ad Standards, and have the requisite Ad Standards clearance number. The Children's Code includes the Broadcast Code for Advertising to Children, which applies across Canada except for Quebec, which has the authority to prohibit broadcast advertising to children. The Children's Code and the Interpretation Guidelines are designed to help advertisers avoid making the task of parents to instruct their children more difficult.
The Children's Advertising Section of Ad Standards/Children's Clearance Committee enforces the Children's Code. The committee includes industry and parent representatives and exercises discretion and sensitivity when reviewing children's advertising, particularly with reference to equitable portrayal and violence. When advertisers make measurable claims regarding specific products, they must be prepared to provide the Children's Advertising Section with evidence supporting such claims and/or a sample of the product.
Ad Standards also plays a crucial role in maintaining customer trust and promoting ethical advertising in Canada. Its strict guidelines ensure advertisements are truthful, accurate, and ethical. They prohibit discrimination and ensure advertising to children complies with the latest regulations. Non-compliance with the Code could lead to customer complaints and a request from Ad Standards to withdraw or amend the advertisement, which could result in reputational damage to the business.
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Health Canada's regulatory role
Health Canada has played a significant role in regulating advertising to children, particularly regarding food and beverage products. On April 25, 2023, Health Canada provided a policy update, intending to amend the Food and Drug Regulations to restrict advertising to children. The focus is on foods that contribute to excessive intakes of sodium, sugars, and saturated fat. This is part of their Forward Regulatory Plan and Healthy Eating Strategy, aiming to protect children's health and reduce their risk of developing overweight, obesity, and diet-related chronic diseases.
Health Canada's commitment to supporting restrictions on advertising to children is aligned with Canada's food guide recommendations. Their analysis revealed that a significant portion of children's diets are not in line with the guide, resulting in high intakes of sodium, sugars, and saturated fat. By regulating advertising, Health Canada aims to promote healthy eating habits in children and reduce their risk of diet-related health issues.
Additionally, Health Canada's regulatory efforts extend beyond the Code. They have advised of future amendments to the Food and Drug Regulations under the Food and Drugs Act or through Bill C-252. These amendments will target television and digital media advertisements for foods with excess sodium, sugars, or saturated fat. This includes commonly advertised products such as candy, snacks, desserts, and sweetened beverages.
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Frequently asked questions
The Children's Code is a set of guidelines for advertising to children in Canada. It includes the Broadcast Code for Advertising to Children, which is administered by Ad Standards' Children's Clearance Committee.
The Children's Code states that all advertising must conform to the guidelines, be pre-cleared by Ad Standards, and have the requisite Ad Standards clearance number. It also prohibits the use of any device or technique that attempts to transmit messages below the threshold of normal awareness.
The Children's Code applies to any paid commercial message that is carried in or immediately adjacent to a children's program. It also covers any commercial message that is determined by the broadcaster to be directed at children and carried in or immediately adjacent to any other program.
Yes, there are specific regulations for food and beverage advertising to children in Canada. The Code for the Responsible Advertising of Food and Beverage Products to Children prohibits advertising food and drinks to children under 13 unless certain nutritional thresholds are met.
