Question Period Note: RESTRICTIONS ON FOOD AND BEVERAGE MARKETING DIRECTED AT CHILDREN

Q1 – Why are regulations necessary when there is an Industry Food and Beverage Advertising Code? Q2 – What is Agriculture and Agri-Food Canada doing to support the sector with the initiative to regulate restrictions on advertising to children?

R1 - The Government recognizes the efforts of an industry coalition in developing a Code for the Responsible Advertising of Food and Beverage Products to Children, and their commitment to responsible advertising practices.
The Industry Code is administered by Advertising Standards Canada, a neutral third party that is providing preclearance services and a compliance and complaint reporting mechanism. The Code applies to all advertising on any media, with advertisers expected to comply by June 28, 2023.

Health Canada is the lead department on setting restrictions for advertising food and beverages to children, as part of its broad Healthy Eating Strategy. As the rules and application of the Industry Code would not be set out in legislation or regulation, it does not carry the force of law. R2 - AAFC continues to work to fulfill its mandate to support a viable agri-food sector, which contributes to the health and safety of Canadians.
AAFC understands that promotion and advertising activities are integral to ensuring the continued development and competitiveness of the sector. The Department recognizes the efforts of an industry coalition in developing a Code for the Responsible Advertising of Food and Beverage Products to Children and their commitment to responsible advertising practices.

Officials continue to engage with other government departments, as well as with industry stakeholders, to assess the impact of potential additional regulations regarding advertising to children.

What is the focus of this initiative?
Restricting the advertising of certain foods to children is a foundational initiative of Health Canada’s Healthy Eating Strategy, launched in 2016, and has been a Minister of Health mandate letter commitment since 2015. There are currently two initiatives underway, Private Members Bill C-252, and Health Canada’s proposed policy update.
What is Private Members Bill C-252?
Private Member’s Bill C-252, An Act to amend the Food and Drugs Act (prohibition of food and beverage marketing directed at children), was introduced on February 9, 2022, by MP Patricia Lattanzio (Liberal, Saint-Léonard—Saint-Michel). The Bill would amend the Food and Drugs Act to prohibit marketing of certain foods and beverages directed at persons under 13 years of age. It is similar to Bill S-228 which had been introduced by Senator Nancy Greene Raine (Conservative) in September 2016. A key difference is that Bill S-228 targeted “unhealthy” foods, Bill C-252 focuses on foods that “contribute to excess” nutrients of concern in children’s diets. The former Bill S-228 died on the Order Paper at the end of the parliamentary session in Fall 2019 when the federal election was called. Bill C-252 passed third reading in the House of Commons on October 25, 2023, following review by the Senate Standing Committee on Health (HESA), and underwent first reading in the Senate on October 26.
What is the Food and Beverage Advertising Code?
The food industry recognizes the importance of this issue. An industry coalition launched a Food and Beverage Advertising Code in June 2021, which is fully implemented as of July 2023. The Code for the Responsible Advertising of Food and Beverage Products to Children governs all food and beverage advertising across Canada on any media that meets specific nutrient criteria for sodium, sugars and saturated fat and is directed to children under the age of 13. It is administered by Advertising Standards Canada, a neutral third party that is providing preclearance services and a compliance and complaint reporting mechanism. The overall effectiveness will be reviewed in five years, specifically by June 28, 2028.
What is Health Canada’s policy proposal?
On April 25, 2023, Health Canada posted a policy update on its proposed approach to restrict the advertising of food and beverages to children. Health Canada proposes to restrict TV and digital media advertising of foods and beverages that meet specific nutrient criteria for sodium, sugars and saturated fat to children under the age of 13. This policy will form the basis for draft regulations anticipated to be published in winter 2024 for public consultation. To support potential further restrictions, Health Canada plans to continue monitoring food advertising to children across a variety of settings, media, and techniques.

What are industry concerns with a regulatory approach?
Industry is supportive of restrictions to ensure responsible advertising to children. However, they would have liked a chance to demonstrate the Industry Code’s effectiveness before regulations are considered. They are also disappointed that witnesses were not heard by HESA given that the Industry Code is new since previous discussions were undertaken for the former Bill S-228.

In addition, they are concerned that the restrictions proposed by Health Canada may capture adult-directed marketing and infringe on Intellectual Property rights. They have also raised concerns with the potential for an expanded scope that could include labelling and packaging.

Industry may advocate for sufficient time to comply with the regulations, given the challenges they continue to face due to the pandemic, including ongoing, unprecedented supply chain disruptions, global food insecurity concerns, labour shortages, and high inflation. They may also advocate for exemptions, which were provided for the front-of-package labelling initiative. Industry stakeholders may also raise the cumulative impacts that this and other recent Health Canada food regulatory initiatives (i.e., Front-of-Package Labelling, Supplemented Foods) may impose.

• We are committed to protecting children’s health as well as ensuring the growth of the agriculture and agri-food sector.
• The Government understands that restrictions around advertising to children as proposed under Bill C 252 and by Health Canada could have an impact on some segments of the agriculture and agri-food sector.
• We understand that promotion and advertising activities are integral to ensuring the continued development and competitiveness of the sector.
• We will continue to work closely with industry in assessing the impact of potential regulations restricting advertising to children.