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Food and Drugs Act

Bill to Amend--Second Reading--Debate Continued

April 16, 2024


Hon. Rosemary Moodie [ + ]

Honourable senators, I am always honoured to rise to speak about the health and well-being of our children. Bill C-252, the child health protection act, represents an important step toward healthier and happier childhoods for our children. I want to thank MP Lattanzio for her leadership in this iteration of the bill and our colleague Senator Dasko for her work so far in shepherding the bill through the Senate.

As you have heard, colleagues, this bill aims to prohibit the marketing of certain unhealthy foods and beverages to children 13 years or younger. Specifically, the bill targets foods and drinks high in sugar, saturated fats or sodium.

Central to this bill is the protection of the immediate and long‑term health of our children. It is about positively impacting, wherever feasible, their health today and the habits that they will carry with them into adulthood.

It is about our children. There are a lot of voices that would try to distract us from them, but their health and well-being ought to be of paramount concern here.

Colleagues, there’s compelling evidence to argue that escalating consumption of unhealthy foods is a cause for concern. A 2019 study citing Statistics Canada’s data reveals that a quarter of the calories consumed by Canadians aged 4 to 18 were from foods that, according to Canada’s food guide, should be avoided. These include chips, soft drinks, chocolate and other products that contain excessive sugars or salts. Children are not only eating too many unhealthy foods; they’re not eating enough healthy foods to counter that. Over 50% of children consume less than the recommended five servings of vegetables and fruit per day.

In preparing to give this speech today, I went back to the medical literature. I spoke to researchers, and I consulted specialists in the area of children’s health, including a particular pediatric cardiologist and lipidologist, my son Dr. Jonathan Wong.

Unhealthy eating does have a direct impact on the current and long-term health of children. Studies show that atherosclerosis, that is the build-up of plaque and cholesterol in arteries that leads to heart attacks and strokes, starts in childhood, colleagues. The studies tell us that the cardiovascular risk factors like obesity and diabetes are the underlying cause of this build-up. Pediatric preventative and cholesterol specialists advocate for a heart‑healthy lifestyle, with a diet rich in dietary fibre, low in added sugars, low in saturated and trans fats, in addition to regular moderate to vigorous physical activities. Evidence has linked such measures to lower risks of cardiovascular disease and Type 2 diabetes.

In 2022, self-reported data collected by Statistics Canada showed that 30% of youth aged 12 to 17 are overweight or obese by definition. This problem is not the number on the scale but the associated health issues that accompany it — issues such as Type 2 diabetes, bone and joint problems, high blood pressure or issues with sleeping or breathing. Obesity can also negatively impact a young person’s mental health due to depression, low self-esteem or issues with their peers, who may bully or malign them.

If children begin life with poor eating habits and the associated physical and mental health challenges that come with those habits, they are very likely to carry these habits along with them into adulthood. That’s a reality. They’re also likely to miss out on the benefits of a healthier lifestyle. In that sense, this bill is not just about keeping kids away from bad foods but about helping them along towards a happier and healthier life in general.

Indeed, there is strong evidence, including a recent Canadian study, to suggest that we carry our eating habits from childhood into our adult lives. Today, 75% of Canadians surpass recommended salt intake levels. Over 50% exceed the recommended thresholds for sugar and saturated fat consumption, and this would be due to habits many Canadians built in their childhoods.

These significant trends in unhealthy eating lead to disastrous consequences for our health and for our economy in later years. A 2019 study commissioned by the Canadian Cancer Society, the Canadian Diabetes Association, the then Childhood Obesity Foundation, the Chronic Disease Prevention Alliance of Canada and the Heart and Stroke Foundation on the economic impacts of diseases associated with drinking sugary drinks concluded that these drinks could cause an average of 2,500 additional deaths per year for the next 25 years. This is in addition to a loss of 2 million healthy life years and a cost of $50 billion to our health care system during that same time frame.

Another study found that based on the eating patterns identified in the Canadian Community Health Survey from 2015, the economic burden of Canadians’ failing to meet our healthy eating recommendations amounted to $26 billion annually.

Colleagues, to sum up all of these really difficult facts and figures and to put it simply, our children are eating too much salt, fat and sugar. They’re eating too many unhealthy foods in general. It lays a foundation for an unhealthy adulthood, with habits that carry on from their childhood, and the cost of these unhealthy practices are poorer physical and mental health, pressures on our health care systems, diseases and illnesses, and lost lives.

Now, no one can reasonably claim that all of these trends are due to marketing unhealthy foods to children. There are, in fact, many other factors at play. Not every family can afford the healthy foods or can put their children into sports or healthy activities. This is especially true for families in communities in the Far North, where the cost of food is extremely high. There are many other underlying factors that should and must be addressed to ensure that children live healthy, balanced lives. Nevertheless, we know that marketing of unhealthy foods to children is a detriment to their health and well-being.

First, let’s be clear — children are flooded with targeted marketing that encourages them to consume unhealthy food. As Senator Petitclerc noted in her speech, Health Canada reported that youth aged 2 to 17 saw nearly five food ads per day, with a staggering 92% of these ads promoting products that undermine healthy eating.

The prevalence of this marketing, particularly on social media, adds another layer to the challenge. A 2022 study found that the top 40 food brands that sell unhealthy foods here in Canada were mentioned more than 16 billion times throughout social media. This marketing is having direct impacts on the health of our children.

According to the American Psychological Association, there is a direct link between the amount of time television is consumed in a day and the intake of sugar-sweetened beverages and fast foods. They note that children who watch more than three hours of television per day are 50% more likely to be obese than children who watch fewer than two hours. This is because the entire purpose of marketing foods toward children is to make a concerted effort to influence their choices, and it’s working.

Colleagues, you’ll hear from stakeholders — as I have — that there exist voluntary measures that industry are already complying with, and I congratulate them for complying with those measures and banning advertising for children under the age of 13. Although this measure may be used to tell us that this bill is not needed, in fact, I believe the opposite is true. I think it’s correct that Parliament reinforces the action of industry through legislation. Although we take industry at their word, the health of our children cannot be subject to voluntary actions. This bill, along with the expected regulations from Health Canada, would bring a permanency that is required for an issue of such important magnitude.

Colleagues, this brings us to the important questions: Are there any good reasons to allow the marketing of unhealthy foods to children? Is there any benefit to their health and long-term development? Is there any purpose, except to put money in the pockets of industry and in the pockets of advertisers?

To all of these questions, I believe the answer is clearly “no.” As senators, the voices of the vulnerable and the voiceless must be our priority. With the evidence already before us and the support from the other place, I believe that this bill should proceed to committee quickly for further careful examination and be brought to third reading as soon as possible. We have the privilege in our role to make a positive impact. Adopting this bill is something we can feel good about. Thank you.

Will the senator take a question?

Senator Moodie [ + ]

I will.

Thank you. Honourable colleague, I think it’s crucial to emphasize that adherence to this code — which you said is voluntary — is, in fact, mandatory. It is not voluntary. I find it perplexing that some of our colleagues persist in labelling it as voluntary, but any breaches are subject to review by Ad Standards, highlighting the seriousness of the compliance.

The code was launched in June 2021 and came into force in June 2023. Since then, there have been no infractions. It’s important to recognize that industry stakeholders collaborated extensively in developing this mandatory code, and their collective efforts ensured that the code not only meet but exceed standards set by legislation, demonstrating a proactive approach to self-regulation.

Does my honourable colleague understand that the code, as currently in place, is mandatory? Are you aware that industry collaborated on it? Will you help me to ensure that industry is heard at the committee stage? Because the record shows that in the other place, they did not hear from industry during committee stage. In fact, I’m told they were shut out.

Senator Moodie [ + ]

Thank you, Senator Black, and thank you for your ongoing commitment toward advocating on behalf of important groups within our country — farmers and the suppliers of food.

I would say to you that the status of what is a mandatory process overlooked by a voluntary organization — Ad Standards is not compelled to look at ads with any determined frequency and with any specific regularity. Of their own activity, they approach the industry in the way they see fit. This is not a regulated group, and what I said and stand by is that this is perfectly good. It’s a great idea for them to continue this activity, but the specific regulation of this area needs to be Health Canada and it needs to be regulated with serious consequences and oversight.

Thank you, colleague. Honourable senators, pursuant to rule 14-1(4), I ask for leave of the Senate to table, in both official languages, the Code for the Responsible Advertising of Food and Beverage Products to Children.

The Hon. the Speaker [ + ]

Is leave granted?

The Hon. the Speaker [ + ]

I hear a “no.” Leave is not granted.

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