Advertising Targeting Children in Quebec: A Legal Framework and Public Health Policy
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Transcript of Advertising Targeting Children in Quebec: A Legal Framework and Public Health Policy
Advertising Targeting Children in Quebec: A Legal Framework and Public Health PolicyÈve Bédard, Content and Business Case Development Coordinator Quebec Coalition on Weight-Related Problems
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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The Legal Prohibition of Advertising Targeting Children
Since 1980, the Consumer Protection Act includes legislation to protect children with regard to advertising
– “Office de la protection du consommateur” (OPC)– Consumer Protection Act, sections 248 and 249– Regulation Respecting its Application sections 87 @ 91– Interpretation Guide lines (1980)
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Nature of the Ad Ban
Commercial advertising directed at persons under thirteen years of age.
The Coalition’s interest : Junk Food Ad Ban
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Historic Background
This legislation has been adopted following the public debate that took place in the 1970s, both in Canada and the United States, with regard to child advertising.
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Historic Background
An imposing Quebec coalition had then been formed by key players of various sectors (education, healthcare, trade-union, consumer affairs, economical) in order to claim the prohibition of any type of advertising aimed at children.
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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The Legislation
Section 248 of the Consumer Protection Act poses the General Principle
Advertising for persons under 13Subject to what is provided in the regulations, no person may make use of commercial advertising directed at persons under thirteen years of age.
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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The Legislation: the Intent Criteria
Section 249 CPA : The Criteria of intent
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.
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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The General Principle of Section 248 CPA
To determine whether or not an advertisement is aimed at by Section 248 CPA, one must understand and consider each of the elements composing the prohibition:
Subject to what is provided in the regulations1. no person may2. make use of […] advertising3. commercial 4. directed at persons under thirteen years of age
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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1. No Person May…
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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2. "make use of […] advertising"
Section 252 CPA“to advertise” or “to make use of advertising”
For the purposes of sections 231, 246, 247, 247.1, 248 and 250, “to advertise or “to make use of advertising” means to prepare, utilize, distribute, publish or broadcast an advertisement, or to cause it to be distributed, published or broadcast.
Section 1 h)“advertisement” means a message designed to promote
goods, services or an organization in Québec;
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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3. "commercial"
The prohibited advertising is any advertising with a commercial purpose
Educational or societal advertising is therefore authorized under certain conditions:
Examples : Public health advertising campaign promoting
a healthy lifestyle Advertising campaign related to security
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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4. “directed at persons under thirteen years of age”:
criteria of Section 249 CPA 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.
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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The Implementation Guide for Sections 248 and 249 CPA: an essential interpretation tool for the analysis of the criteria
A NEW ONE IS COMING…
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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(a) the nature and intended purpose of the goods advertised To verify the implementation of this criteria, it should
be determined if this product is: A product exclusively directed at children and that has a distinctive
appeal for them (toys, certain foods, certain candy)
A product not exclusively directed at children but with a distinctive appeal for them (fast food meals, certain foods such as certain cakes, desserts)
A product without any appeal for children, a product directed at adults or teenagers (financial products, alcoholic beverages, certain clothes)
Source: Office de la protection du consommateur (1980) reprinted in 1996 (free translation)
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(b) the manner of presenting such advertisement To verify the implementation of this criteria, it should be
determined if the creation and presentation of the advertisement are infantile. Certain elements must be considered, such as the use of: Appealing music Characters, animations Themes Children’s voices Sounds, colours, calligraphy or graphic design that attract
children’s attention The presentation is also assessed through the general
impression given by the advertisement
Source: Office de la protection du consommateur (1980) reprinted in 1996 (free translation)
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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(b) the manner of presenting such advertisement…the general impression given by the message (s. 216 and 218 CPA) Making use of commercial advertising directed at persons
under 13 years of age is a prohibited practice To determine if a representation (an affirmation, a
behaviour or an omission) constitutes a prohibited practice, the general impression it gives, and, as the case may be, the literal meaning of the terms used therein must be taken into account (Sections 216 and 218 CPA)
The analysis of the criteria in Section 249 CPA will also be made through the advertisement’s general impression
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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(c) the time and place it is shown
For the advertisement broadcast on television, the type of program and the portion of the audience that is under thirteen years old will be considered: Children’s programming Programming that children are interested in and with an
audience composed of:- Over 15% of children,- Between 5% and 15% are children- Less than 5%
For advertisements broadcast in other places, the children’s rate of attendance
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Nature of the product:
without any appeal for children
with a distinctive appeal for children
exlclusively 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 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
AUTHORIZEDIf adv. not specifically created to attract the child’s attention
AUTHORIZED If adv. not specifically created to attract the child’s attention
Program with an audience composed of less than 5% of children
AUTHORIZED If presentation not likely to be interesting for children
AUTHORIZED If adv. not specifically created to attract the child’s attention
AUTHORIZED If adv. not specifically created to attract the child’s attention
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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An advertisement directed at persons older than 13 may be an advertisement directed at children
Section 249 al. 2 CPA PresumptionThe 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.
The Presumption…
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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There are exceptions…
The exemptions stated in the Implementation Regulation of the CPA
For example: An advertisement in a magazine directed at children sold and
published at least every three months A message aimed at announcing a show targeting children An advertisement including a storefront, display, container,
packaging or label
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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These advertisements may not, particularly: Promote medication or vitamins Represent a dangerous behaviour or use Suggest that owning a product will provide a psychological
or physical benefit for the child, with regard to other children of his age
The exceptions must respect the regulation s.91 ethical standards
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Irwin Toy: The Supreme Court of Canada confirms the constitutional validity and relevance of Sections 248 and 249 CPA Sections 248 and 249 set a reasonable limit to freedom of expression and are
justified in accordance with the first section of the Canadian Charter of Rights and Freedoms and with Section 9.1 of the Quebec Charter of Human Rights and Freedoms
“…In our view, the Attorney General of Quebec has demonstrated that the concern which prompted the enactment of the impugned legislation is pressing and substantial and that the purpose of the legislation is one of great importance. The concern is for the protection of a group which is particularly vulnerable to the techniques of seduction and manipulation abundant in advertising.” “… the concerns which have motivated both legislative and voluntary regulation in this area are the particular susceptibility of young children to media manipulation, their inability to differentiate between reality and fiction and to grasp the persuasive intention behind the message, and the secondary effects of exterior influences on the family and parental authority…”
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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The Quebec legislation prohibiting advertising directed at children: a quoted and envied model In 2004, the World Health Organization conducted a study
about the rules that govern the advertising of foods created for children: "Marketing Food to Children: the Global Regulatory Environment" 62 countries oversee television advertising directed at children 3 states prohibit all types of television advertising directed at children
(Norway, Sweden, and Quebec)
In 2008, the WHO, various governments, and consumer protection organizations such as Consumers International are deploying important research and awareness efforts with regard to the issue of advertising targeting children
Source: Office de la protection du consommateur “La publicité destinée aux enfants au Québec: interprétation et application du cadre juridique actuel” Nov. 20 2008, Journées annuelles de santé publique.http://www.inspq.qc.ca/aspx/docs/jasp/presentations/2008/11_10_Nathalie_Jackson.pdf
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 1990
(*BMI ≥30, or ~ 30 lbs overweight for 5’ 4” person)
No Data <10% 10%–14%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 1991
(*BMI ≥30, or ~ 30 lbs overweight for 5’ 4” person)
No Data <10% 10%–14% 15%–19%
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Obesity Trends* Among U.S. AdultsBRFSS, 1992
No Data <10% 10%–14% 15%–19%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 1993
No Data <10% 10%–14% 15%–19%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 1994
No Data <10% 10%–14% 15%–19%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 1995
No Data <10% 10%–14% 15%–19%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 1996
No Data <10% 10%–14% 15%–19%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 1997
No Data <10% 10%–14% 15%–19% ≥20%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 1998
No Data <10% 10%–14% 15%–19% ≥20%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 1999
No Data <10% 10%–14% 15%–19% ≥20%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 2000
No Data <10% 10%–14% 15%–19% ≥20%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 2001
No Data <10% 10%–14% 15%–19% 20%–24% ≥25%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 2002
No Data <10% 10%–14% 15%–19% 20%–24% ≥25%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 2003
No Data <10% 10%–14% 15%–19% 20%–24% ≥25%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 2004
No Data <10% 10%–14% 15%–19% 20%–24% ≥25%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 2005
No Data <10% 10%–14% 15%–19% 20%–24% 25%–29% ≥30%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Obesity Trends* Among U.S. AdultsBRFSS, 2006
No Data <10% 10%–14% 15%–19% 20%–24% 25%–29% ≥30%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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1995
Obesity Trends* Among U.S. AdultsBRFSS, 1990, 1995, 2006
2006
1990
No Data <10% 10%–14% 15%–19% 20%–24% 25%–29% ≥30%
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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The Coalition’s misson
Created in 2006, the Quebec Coalition on Weight-Related Problems, is working toward the adoption of specific public policies with regard to weight related issues. It acts within three strategic areas (agri-food industry, sociocultural, and built environment) to foster the development of environments that help in making healthy choices and preventing weight related issues.
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Weight-Related problems and Junk Ad Ban to children
Part of a public health problem
Part of a framework for action to create Supportive Manmade, Agri-Food and Socio-Cultural Environments
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Changing the socio-cultural sector
The Ad Ban is Part of a healthy public policy
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Some Facts…SOURCE: OPC, “Your kids and Ads” (2009)
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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The Coalition’s Role in the Junk Food Ad Ban
Since 2007, the Coalition gave itself the mission of continually monitoring the food industry.
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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IGOR muffins Marketing Campaign in Quebec daycares
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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IGOR muffins Marketing Campaign in Quebec daycares
To promote its new product, the Igor cake, Saputo Groupe Boulangerie had introduced promotional items (CDs, posters, stickers, Igor cakes and discount coupons) in over 230 childcare centres in Quebec early in the year 2007 .
The Coalition and the “Union des consommateurs” then publicly denounced this practice and asked the OPC to put an end to this promotion campaign and bring charges against Saputo.
Saputo was accused of violating Section 248 of the Consumer Protection Act which prohibits commercial advertising directed at children under 13 years of age.
On January 26, 2009, Saputo recorded a guilty plea to twenty-two of the thirty counts of illegal commercial child advertising against it.
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Press Clips
“The junk food wars: Quebec scores sweet victory in battle against childhood obesity”, Graeme Hamilton, National Post, A3, 27 janvier 2009
“Snack-cake baker fined for targeting youngsters”, Andrew Chung, Toronto Star, A2, 27 janvier 2009
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Pending cases
General Mill’s—Lucky Charms Burger King Mc Donald’s
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Pending Cases
General Mill’s – Lucky Charms
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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Burger King
February 5, 2009 alPHa Winter Semi-Annual Meeting: Food and Beverage Advertising to Children Eve Bedard, Quebec Coalition on Weight-Related Problems
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2007 Quebec Survey on Marketing to Children
Most of the Quebec adult population (74%) thinks that children are “very often” (25%) or “often” (49%) exposed to advertising specifically targeting children.
Nine out of ten Quebecers (88%) think that it is necessary to specifically control advertising targeting children.
Most of the respondents (91%) think that the Consumer Protection Act banning advertising targeting children under 13 should be enforced “more severely” (60%) or “as severely” (31%).