December 13, 2016: This serves to update you on the status of Senate Bill S-228, an act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children), as well as new restrictions in Europe on marketing to children.

Bill S-228

Bill S-228, which would ban food and beverage marketing directed at persons under the age of 13, received second reading last week and was referred to the Senate standing committee for Social Affairs, Science and Technology for further study.

The Bill is moving through the Senate as the Liberal government weighs its own broad plan to restrict the marketing of “unhealthy food and beverages to children.”
Health Canada has stated that its initiative will go beyond advertising to include all “unhealthy” food marketing and will require substantive regulatory amendments and/or new legislation, which could take the process into 2019.

New Legislation in U.K. and France

Restrictions on marketing to children in Europe continue to unfold. Last week in the U.K., its Committee of Advertising Practice announced that the rules restricting broadcast advertising of food “high in fat sugar and salt” (HFSS) to children will be extended to all non-broadcast media from July 1, 2017.

In practice, advertising directly or indirectly promoting an HFSS product will be banned in children’s media and in media where children make up more than 25% of the audience. The new restrictions cover digital (websites, video-sharing platforms, advergames), print and cinema. In addition, the use of promotions, licensed characters and celebrities popular with children will be banned in conjunction with HFSS products. Of particular concern is the definition of children as people under the age of 16.

Also last week, the French Senate adopted a legislative proposal to ban commercial advertising 15 minutes before and after TV programs for children under the age of 12 on public broadcasting. That law will enter into force on January 1, 2018. According to the new law, the ban will also apply to websites of public broadcasters.

What ACA is doing

ACA will request to appear before the Senate standing committee for Social Affairs, Science and Technology to present marketer’s concerns and highlight the shortcomings and near-sightedness of Bill S-228.

ACA has and will continue to meet regularly with policy advisors in Health Canada to highlight the effectiveness of Canada’s self-regulatory system in ensuring high standards and accountability. We will continue to provide data that proves the ineffectiveness of marketing restrictions and to inform the government of the role advertisers have in encouraging healthy eating and active lifestyles.

We will continue to actively work on this important file and press industry’s case to mitigate any marketing restrictions, taxes or both. We will continue our briefings with government officials, MPs, Senators and political advisors.

ACA will also continue to coordinate efforts and intelligence gathering with allied industry associations.

We will keep you posted on all key proceedings and developments. Please feel free to direct any media inquiries to me.

In the meantime, if you have any questions, please call me.

Ron Lund
President & CEO
(416) 964-0700 |