Question Period Note: Restrictions on food Advertising to Children

Between April and June 2023, Health Canada consulted Canadians on a policy update regarding its proposed approach to restricting the advertising of foods to children (known as M2K). The policy will form the basis of draft regulations that will be published in Spring 2024 for public consultation (CGI). The proposed restrictions are more targeted than what was proposed in 2018 and will apply to TV and digital media only. Generally, the Department received support to restrict advertising of certain foods to children, but views on mechanism and scope remain polarized. Health stakeholders are supportive of federal action but are critical that other sources of exposure will not be restricted as they have long advocated for broad restrictions (e.g., packaging, brand advertising, restaurants and other physical settings). Industry is critical of the government advancing regulations as they recently introduced their updated self-regulatory advertising code with advertisers expected to comply as of June 28, 2023.

Our Government supports restrictions on food advertising to children, to protect them from the risks of chronic diseases caused by an unhealthy diet.
Health Canada recently consulted on an approach, focussing restrictions on television and digital media, areas where children are highly exposed to food advertising.
The Department has reviewed the feedback, which will help inform draft regulations for public consultation early in 2024.
Health Canada will continue to monitor food advertising to children in Canada to ensure it has the best available evidence.
IF PRESSED ON BILL C-252 AND REGULATORY ALIGNMENT
We continue to support MP Lattanzio’s Private Member’s Bill (C-252 – Child Health Protection Act) to help protect children from the influence of advertising of certain foods, which is continuing through the legislative process.
Earlier in 2023, in parallel to consideration of Bill C-252, Health Canada also consulted on an updated regulatory approach to restrict food advertising to children, which could be implemented under existing authorities.
Bill C-252 seeks to introduce an advertising prohibition at the level of the Food and Drugs Act and is complementary to Health Canada’s regulatory work.
Health Canada is monitoring food advertising to children and teens, including in areas where restrictions would not apply.
IF PRESSED ON INDUSTRY’S SELF-REGULATORY ADVERTISING CODE
We appreciate industry’s efforts to update their self-regulatory code but international evidence demonstrates that industry self-regulation is not enough to protect children.
That is why this government remains committed to implementing mandatory restrictions on the advertising of certain foods to children to protect this vulnerable population.

Almost one in three children in Canada (two in three Indigenous children) lives with overweight or obesity. There is an increasingly urgent public health concern associated with excess weight because children who are overweight or obese are at an increased risk of developing chronic conditions and illnesses such as high cholesterol, high blood pressure, type 2 diabetes, heart disease, and stroke – conditions that were once almost exclusively seen in adults.
Research shows that unhealthy diets with excess intakes of sodium, sugars and/or saturated fat are a key modifiable risk factor linked to obesity, high blood pressure, and diabetes, among other chronic diseases. People with diet-related conditions and chronic diseases are also much more vulnerable to severe COVID-19 outcomes.
Many children in Canada are consuming excess amounts of these nutrients of public health concern. For example, 81% of children between the ages of 1 and 3 and 99% of children between the ages of 4 and 13 years exceed recommended limits of sodium intake. As for sugars, 78% of children aged 1-8 years and 86% of children aged 9-13 years exceed the WHO recommendation.
Key Evidence
Children are particularly vulnerable to advertising. Research in this area suggest that children under 8 years of age do not possess the cognitive abilities to understand the purpose of advertising. Only from the age of 10 or 11 is a child’s level of advertising recognition comparable to an adult’s. By the age of twelve, most children have an understanding of the selling and persuasive intent of advertising but have still not acquired an adult-like understanding.
Evidence shows that food advertising influences children’s food attitudes, preferences, purchase requests, consumption patterns, and ultimately, overall health.
In 2019, children aged 2 to 11 were exposed to an average of 1,733 food advertisements on television, which translates to 33 food ads/week and close to 5 foods ads per day for the average child. The majority of these ads were for foods that contribute to excess intakes of sodium, sugars and/or saturated fat.
A Canadian study published in 2019 estimated that children aged 7-11 are exposed to approximately 30 foods ads per week, and youth aged 13-16 an average of 189 ads per week, on social media apps alone. More than 90% of ads were for foods that contribute to excess intakes of sodium, sugars and/or saturated fat.
Studies have shown that advertisers typically employ strategies that strongly appeal to children. For example, they feature striking graphics and visual design, including cartoons, use child humour and fun themes, link the promotion of their products to incentives such as free toys and feature movie and sports celebrities popular with children. In addition, behavioural tracking and targeted advertising allows companies to reach children with more precision in digital media.
Health Canada’s Initiatives
Restricting the advertising of certain foods to children is a foundational initiative of Health Canada’s Healthy Eating Strategy, which was launched in 2016, and has been a Minister of Health mandate letter commitment since 2015.
Through the Healthy Eating Strategy, the Government has undertaken a robust set of initiatives to improve the food environment in Canada and help Canadians make healthier food choices.
Significant progress has been made by improving nutrition labelling, eliminating industrial trans fats in the food supply, releasing a new Canada’s Food Guide, publishing new sodium reduction targets for processed foods, and publishing front-of-package nutrition labelling regulations. The Government remains committed to implement mandatory restrictions on the advertising of certain foods to children to protect this vulnerable population.
Parliamentary Initiatives Related to Food Advertising to Children
In February 2022, Ms. Patricia Lattanzio, M.P. (Liberal) introduced a Private Member’s Bill (Bill C-252 – Child Health Protection Act) to prohibit food and beverage marketing directed at children. On September 28, 2022, it passed Second Reading and was referred to Committee (HESA) for further review. The Bill was adopted by the Committee on April 18, 2023, and began third reading in the House on June 12, 2023.
In 2022, the Parliamentary Secretary of Health and Sport was mandated by the Minister of Health to work across government departments and with relevant stakeholders to encourage and support Canadians to adopt healthier lifestyles. The main objective of this work is to help address and reduce risk factors for chronic diseases primarily caused by physical inactivity and poor diet. A Healthy Living Task Force was struck to support this mandate and includes representatives from Health Canada, Public Health Agency of Canada, and Sport Canada.
Other legislative attempts have been made to restrict food advertising by Parliamentarians. For example, Senate Public Bill S-228, The Child Health Protection Act, introduced by former Conservative Senator Nancy Greene Raine in September 2016, aimed to reduce the influence of food advertising on children. An amended version of the Bill received strong support from national health groups, including Dietitians of Canada, Heart and Stroke Foundation, Coalition Poids, Diabetes Canada, and the Childhood Obesity Foundation. The Bill was also strongly opposed and heavily lobbied by major industry stakeholders. This included the Canadian Beverage Association, Food, Health & Consumer Products of Canada, Restaurants Canada, the Retail Council of Canada and the Association of Canadian Advertisers. Bill S-228 did not come to a final vote before the end of the Parliamentary session in the fall of 2019.
In 2012, Member of Parliament Peter Julian (NDP) introduced Bill C-430, An Act to amend the Competition Act and the Food and Drugs Act (child protection against advertising exploitation), and then again in October 2013 in the subsequent session. The Bill would have prohibited “advertising and promotion, for commercial purposes, of products, food, drugs, cosmetics or devices directly to children under 13 years of age.” The same MP also proposed Bill C-313, An Act concerning the development of a national strategy respecting advertising to children and amending the Broadcasting Act in order to clarify the Canadian Radio-television and Telecommunications Commission’s regulatory power under the Act, in October 2016. However, these Bills did not advance during the course of their respective Parliamentary sessions.
Industry Code
Industry in Canada has self-regulated food advertising to children since 2007 through its Children’s Food and Beverage Advertising Initiative (CAI). In response to Bill S-228 and Health Canada’s previous efforts to advance restrictions on the advertising of certain foods to children, an updated industry-led, self-regulatory advertising code was launched in June 2021, with advertisers expected to comply starting June 28, 2023. While industry anticipates the new code is expected to result in some improvements compared with the CAI, such as applying to a broader range of food and advertising companies and raising the age of children protected from under 12 to under 13, Health Canada knows that significant gaps remain that will continue to leave children much exposed to food advertising. These gaps are due to weak nutrient criteria and exemptions, and limited consequences for non-compliance given the voluntary nature of the code (i.e., not regulatory).
Quebec experience with restrictions on advertising
Québec’s 1980 Consumer Protection Act (QCPA) restricts the commercial advertising to children of all goods and services. The restrictions apply to most forms of advertising and media, including mascots and logos (i.e., brand advertising) and sponsorship. Subject to conditions, the QCPA exempts advertising in children’s magazines, advertising for children’s entertainment events and advertising via store windows, displays, containers, packaging and labels.
The scope and policy intent of Health Canada’s approach differs from that of Québec.
Health Canada’s proposal is aimed at protecting children’s health and so it focusses uniquely on advertising to children of certain foods. The QCPA, on the other hand, has a broader consumer protection objective and targets the advertising of all goods and services, including food, to children.
Health Canada’s M2K proposal considered the QCPA, among other things, and aligns with it in a few ways:
o Under both frameworks, advertising restrictions apply to children under the age of 13.
o Both Health Canada’s proposed policy and the QCPA take into consideration similar factors to determine whether an ad is primarily directed at children (i.e., where the ad is communicated and design/appeal of the ad).
However, the QCPA also considers the appeal of the good/service, which is not relevant for Health Canada’s proposed policy given that M2K restrictions are concerned only with food advertising.
Monitoring
As part of its comprehensive monitoring of the food advertising environment, Health Canada is monitoring advertising of foods to children and teenagers.
Health Canada will continue to monitor and report publicly on food advertising to children and teens, across a variety of settings, media and techniques, including in settings and media where regulations would not apply, to help inform potential future regulatory changes.

Diet-related chronic disease is a critical issue for Canadians and the entire Canadian health care system.
There is a strong body of evidence showing that healthy eating patterns can reduce the risk of chronic diseases, such as cardiovascular disease, certain cancers, type 2 diabetes, and associated conditions such as obesity and high blood pressure.
Almost one in three children in Canada (two in three Indigenous children) lives with overweight or obesity. These children are at a higher risk of developing health problems and chronic diseases now, and later in life.
Evidence shows that food advertising influences children’s food attitudes, preferences, purchase requests, consumption patterns, and ultimately, overall health. The more children are exposed to food advertising, the more likely they are to request or consume advertised foods.
In Canada, children are exposed to food advertising throughout their day in a variety of settings, including in their homes (e.g., while watching TV or browsing the internet), recreation centers, outdoors, in restaurants, and in grocery stores.
The evolution of digital media and the popularity of smart phones, tablets, computers, and other devices have made it easier for advertisers to reach children, subjecting them to further advertising of foods that contribute to an unhealthy diet.
Health Canada continues to advance work on restricting food advertising to children and published a policy update regarding its proposed approach to restricting the advertising of food to children.