Bill C-430 (Historical)

An Act to amend the Competition Act and the Food and Drugs Act (child protection against advertising exploitation)

This enactment amends the Competition Act and the Food and Drugs Act to expressly prohibit advertising and promotion, for commercial purposes, of products, food, drugs, cosmetics or devices directly to children under 13 years of age.

Child Health Protection Act

[Brigitte Sansoucy, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, as the critic for families, children and social development, I am pleased to rise in the House today to support Bill S-228 and to speak about this issue that is so important for the health of our young people.

According to Ms. Francine Forget-Marin, director of health promotion and research at the Heart and Stroke Foundation, “children are very vulnerable to advertising because they cannot distinguish between good food and bad.... We are now seeing trademarks being used in video games and advertising permeating social media.” This statement precisely and clearly identifies the challenge that this bill addresses. The situation is worrisome and requires that we take action.

Among industrialized countries, Canada ranks sixth for the highest obesity rates for children. The childhood obesity rate in Canada has almost tripled in the past 30 years, according to the 2016 study by the Senate committee. Obesity leads to health problems such as hypertension, Type 2 diabetes, bone and joint problems, and mental health issues such as low self-esteem, poor body image, bullying, depression, and so forth—all of which are affecting younger and younger people.

The annual economic burden of obesity is reported to be in the billions of dollars. However, according to the senate committee's 2016 study, obesity costs Canada between $4.6 billion and $7.1 billion annually in health care and lost productivity. The use of captivating advertisements that encourage our children to consume unhealthy food and beverages contribute to the obesity problem.

The World Health Organization found that the marketing of unhealthy foods was one of the main risk factors for obesity, especially since children are much more easily swayed by advertising than adults. Children who are more exposed to advertising have a tendency to ask for products that feature a character or logo they recognize. Research by the Heart and Stroke Foundation found that kids see more than 25 million food and beverage ads a year on their favourite websites. These figures are as impressive as they are troubling.

We also know that childhood obesity does not disappear as soon as a child becomes an adult. Children with weight problems are more likely to experience weight problems throughout their adult lives. This is a long-term problem that requires a long-term solution.

That is what Bill S-228 does. It eliminates the problem at the source by prohibiting certain types of marketing. That is why I think Bill S-228 is necessary.

I would like to take this opportunity to talk about what people in the riding of Saint-Hyacinthe—Bagot are doing to fight obesity. I am thinking here of the Heart and Stroke Foundation volunteers in Montérégie. I would like to commend Linda Jodoin, Stéphane Martin, Jérémy Ménard, and others for the work they do to help our community. These volunteers are helping to save lives by working to fight heart disease and stroke. I thank them once again for their contributions and for the incredible work they do to help people in our community.

As an MP from Quebec, I also want to mention how proud I am of my province, which is the only one that already has legislation in place in this regard. The Quebec Consumer Protection Act, which has been in effect since 1980, has had a very positive impact on the health of our children. According to a 2011 study, Quebec has the lowest rate of obesity among children aged 6 to 11, and the highest consumption of fruits and vegetables. This shows how important and useful legislation is. I would therefore like to once again commend Quebec for being a leader on this.

The NDP has always cared about this issue. In 2012, my extraordinary colleague from New Westminster—Burnaby introduced Bill C-430.

The bill sought to amend the Competition Act and the Food and Drugs Act to expressly restrict advertising and promotion, for commercial purposes, of products, food, drugs, cosmetics, or devices directly to children under 13 years of age.

The NDP supports this bill because we believe in reducing children's exposure to ads promoting unhealthy food and beverages that can cause obesity and mental or physical health problems.

The two main factors linked to obesity are eating habits and physical activity. By banning the marketing of unhealthy food and beverages to children, Bill S-228 tackles the issue of eating habits in a fundamental way, because it forces all of Canadian society to rethink what we teach our children about food.

As we have seen, ads targeting children influence not only their eating preferences and behaviours, but also their nutrition knowledge. As a result, ads play an active role in teaching children about food.

This bill would also close certain loopholes in the 1980 Quebec act that inspired it. That is another reason I support it.

Under Quebec law, kids can still see packaging, storefront advertising, and products on supermarket shelves. When I discussed this with people from Quebec's Weight Coalition, they told me that exceptions to the legislation are an ongoing problem.

This bill would ban food and beverage marketing directed at children, and that includes how products are labelled and packaged, of course.

By supporting this bill, we are also signalling to parents that we understand their concerns. We support them because we know that navigating the aggressive marketing techniques we have been talking about alone is not easy.

Nevertheless, as a New Democrat, I think we have to respect provincial jurisdiction. This bill has to be consistent with and informed by the Quebec law.

This bill must not result in a total ban on food and beverage advertising to children under 17 years of age. It needs to be consistent with Quebec's legislation, which defines children as being 13 years of age or under.

The restaurant and food services sectors are affected by this bill, and they feel the same way we do. They support the idea of strengthening measures to prevent obesity in children under 13. At the same time, however, they think it is unfortunate that the age associated with the term “child” in this bill is 17, whereas the age limit in Quebec's act is 13.

I also want to make sure that we all understand the legal and economic ramifications of this bill before we pass it. I am not convinced that the views of the affected sectors, such as the restaurant and food services sectors, were adequately taken into consideration in committee.

Restaurants Canada told us that Health Canada's definition of a healthy food is too restrictive. It excludes any food that provides less than 5% or 15% of the daily value of saturated fat, sugar, and sodium.

In conclusion, I believe that by supporting this bill, we are making the right choice. If we take action today to help our children eat better, we can create the healthier adults of tomorrow and guarantee a healthier society. The example of Quebec, which tackled this issue successfully almost 30 years ago, should encourage the federal government to take this path for the sake of our constituents' health and well-being.

[Brigitte Sansoucy, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, Canada ranks sixth among industrialized countries in respect of its percentage of children who are obese. The number of obese children in Canada is rising dramatically, and it is having a considerable impact on the health of Canadian families and our health care system. It is time that the government took action and remedied this situation.

I am therefore rising to support Bill S-228, which seeks to find solutions to the serious problem of childhood obesity resulting from children's exposure to food marketing. The World Health Organization itself considers the marketing of unhealthy foods as one of the main contributors to obesity.

The NDP have strongly supported this initiative for a long time. In 2012, we introduced Bill C-430, which sought to ban any advertising specifically targeted at children under the age of 13. We therefore applaud the work that was done in relation to the Senate committee's 2016 report on obesity, which led to the drafting of this bill. This report showed that it is essential that we reduce children's exposure to advertising in order to address the issue of childhood obesity. That is an important issue.

Children are being directly targeted by food and beverage marketing. That is why this bill is so important. As the critic for families, children, and social development and the deputy critic for health, I am proud to be speaking on this issue.

I will point out that the committee should discuss the age threshold this bill sets for marketing to children. The only existing legislation on this subject is the Quebec law, which prohibits advertising directed at children under the age of 13, not 17, the age specified in this bill. The bill originally set the age threshold at 13, but after discussion, it was raised to 17. That will require further discussion.

This bill will have to harmonize with Quebec's law. We need to respect the provinces' jurisdiction. The bill should draw on Quebec's law, not contradict it. This bill will make it illegal to market a food or beverage directly to children, which obviously includes the way the labelling and packaging are designed. It also makes it illegal to offer or give gifts or surprises with the purchase of food or beverages.

Urgent action is needed to protect our kids. The numbers are frightening. According to this study, the number of obese children has tripled since the 1980s. It is critical that we take swift and early action on childhood obesity. An obese child is 20% more likely to struggle with weight problems in adulthood. Obese teens are an alarming 80% more likely, according to the Heart and Stroke Foundation of Canada.

It is a well-known fact that childhood obesity has terrible effects on children's physical health, and the same is true of their mental health and social lives. Children with poor self-esteem can be in for a lifelong struggle. On top of all that, another harmful effect of childhood obesity is additional health care spending.

Indeed, as obesity rates increase, the associated costs also increase. Once again, the numbers are extremely troubling. The annual economic burden of obesity is estimated to be in the billions of dollars. It is unbelievable. The Senate committee put that figure somewhere between $4.6 billion and $7.1 billion annually in health care costs and lost productivity.

That is why the government has to put Bill S-228 to a vote. People should no longer have to wait to protect their children from the harmful influence of food and beverage marketing. Parents have enough to worry about without having to fight the influence of marketing on their children.

Francine Forget Marin, director of health promotion and research at the Heart and Stroke Foundation of Canada, is certain that children are very vulnerable to advertising because they cannot distinguish between good food and bad.

Marketing directed at children influences their food preferences and eating habits. For example, they will have a tendency to want products that are adorned with a familiar logo or character, such as superheros or princesses. Young people even think that those products taste better than the same product in a different package.

The problem is that most of these advertised products are low in nutritional value. Research by the Heart and Stroke Foundation of Canada showed that children see more than 25 million food and beverage ads on their favourite web sites every year. That is unbelievable. They are completely bombarded and led to believe that the food is good, but it is quite the opposite. More than 90% of the food and drinks advertised online are unhealthy. By limiting access to ads for young audiences, this bill seeks to prevent young people from adopting their parents' unhealthy eating habits by eliminating the problem at the source.

My team presented the bill to Jeunes en santé, an organization in my riding that works to protect and promote the health and well-being of children and adolescents. The organization's coordinator, Véronique Laramée, told us how important it is for messaging directed at young people to focus on healthy eating. For Jeunes en santé, making sure kids know that eating well is good for them and eating foods with lots of sugar and trans fats is bad for them is crucial. Jeunes en santé is to be commended for promoting healthy eating to young people in my riding.

Imagine a world where children are no longer bombarded by ads for products that are bad for their health. The time has come for the federal government to do something to support parents who are trying to make good choices. Children and parents need an environment free from the influence of food and beverage advertising, one that supports healthy, nutritious choices.

I want to congratulate the province of Quebec for its leadership in protecting children from aggressive advertising tactics. In fact, Quebec is the only province that already has legislation in place. Its Consumer Protection Act was passed in 1980. After an almost 10-year battle, the Supreme Court finally decided in 1989 that the Quebec law was constitutional. Since then, the Quebec law has had a very positive impact on the health of our children. According to a 2011 study, Quebec has the lowest rate of obesity among children aged 6 to 11, and the highest consumption of fruits and vegetables. This shows how important and useful legislation is.

There are very clear differences at the provincial level. I had the opportunity to meet with members of Quebec's Weight Coalition, who confirmed that there is a striking difference in children's exposure to advertising from province to province. It is time that the federal government remedy this situation.

Bill S-228 has been well received in Quebec, since it will complement the existing legislation. In that regard, Quebec's Weight Coalition reminded me that the exceptions in the Quebec law continue to pose a problem. The Quebec law still allows packaging and advertisements in store windows and displays, and of course, that marketing targets children in particular.

The time has come for the federal government to take action. Studies and research have been done and recommendations have been made, yet the epidemic of childhood obesity has still not been stopped. This bill is the first real step in the right direction.

Our children need to be able to make the right choices, and we need to be able to regulate advertising. If we want a healthy population, we need to act now in order to offer our children the greatest gift of all, the gift of health.

This bill makes the health of all of our children a priority and emphasizes the importance of having all the necessary tools to protect them. Quebec addressed this issue nearly 30 years ago. It is high time the federal government did the same.

Competition Act

[Peter Julian, NDP, Burnaby—New Westminster, BC]

moved for leave to introduce Bill C-430, An Act to amend the Competition Act and the Food and Drugs Act (child protection against advertising exploitation).

Mr. Speaker, I would like to thank the talented member for Vancouver Kingsway for seconding my bill.

By the time Canadian children graduate from high school they have seen on average 350,000 television commercials. Many experts have said that young people today are targeted with a greater intensity and frequency of ads than any previous generation.

This legislation would amend the Competition Act and the Food and Drugs Act. It would protect Canadian children against exploitation from commercial advertising. It was developed in collaboration with the Centre for Science in the Public Interest. The bill is based on legislation passed in Quebec in 1980 and is similar to new regulations adopted by the United Kingdom in April 2007. Sweden and Norway have also adopted similar laws. Many grassroots and professional organizations in Canada support this legislation, including the Elementary Teachers' Federation of Ontario, the Ontario Public Health Association and the Association of Local Public Health Agencies.

This kind of legislative approach would protect the rights of children and produce results with outcomes such as lower obesity. That is one of the many potential benefits. If we responsibly regulate the advertising children are exposed to, we can help children increase their chances of living healthier, better lives.

I certainly hope that this legislation will receive support from both sides of the House.

(Motions deemed adopted, bill read the first time and printed)