Moved second reading of Bill C-252, An Act to amend the Food and Drugs Act (prohibition of food and beverage marketing directed at children).

She said: Honourable senators, I rise today as the Senate sponsor for Bill C-252, An Act to amend the Food and Drugs Act (prohibition of food and beverage marketing directed at children), also known by its short title as the “Child Health Protection Act.”

I want to thank Member of Parliament Patricia Lattanzio of Saint-Léonard—Saint-Michel for her very hard work on this important bill and for shepherding it through the other place. I am pleased to take on the role of Senate sponsor.

Bill C-252 aims to support restrictions on the marketing and advertising of certain foods and beverages to children. We have a theme here today, Senator Kutcher.

It amends the Food and Drugs Act to prohibit the advertising of prescribed foods to children under 13 years of age, foods that contain more than prescribed levels of sugars, saturated fat or sodium. These prescribed foods and levels will be determined by the accompanying regulations, which I will return to later in my comments.

The term “advertisement” is broadly defined in the Food and Drugs Act to include:

. . . any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic or device . . . .

This bill also includes a reference to a parliamentary review, to be conducted within five years, that will focus on determining whether there might be an increase in the advertising of foods directed to those between 13 and 18 years of age to determine if marketers might be increasing their efforts among this older cohort to compensate for the new limits among the younger cohort.

The legislative journey for Bill C-252 began on February 9, 2022, with first reading in the House. The bill was sent to Standing Committee on Health on September 28 of that year, where it was studied and went through clause-by-clause consideration from March to April of 2023. It completed third-reading vote in the House on October 25, and here we are today.

But, in fact, the legislative journey for this policy initiative actually began many years ago. Indeed, this is the fifth time that Parliament has considered such a bill.

Back in 1974 — yes, 1974 — Conservative MP James McGrath introduced Bill C-21 to amend the Broadcasting Act to prohibit advertising to children. This bill died on the Order Paper.

NDP MP Peter Julian introduced two bills, one in 2007 and the other in 2009, both to amend the Competition Act and the Food and Drugs Act. Both of his bills died on the Order Paper.

Colleagues, in this chamber, you may recall the most recent legislative initiative. Former senator Nancy Greene Raine brought before us a similar bill, Bill S-228, in 2016. It passed third reading here in September 2017, then went to the other place and came back to our chamber, with amendments, but the message and her bill died on the Order Paper when the 2019 election was called.

So I very much hope and believe that we can now bring this important policy initiative to a successful conclusion in this bill, Bill C-252. Surely, colleagues, its time has come.

Canadians are blessed with phenomenal food choices. I can’t help but think back to my youth and how different the food environment was then. Growing up, when I was very young, my aunt and uncle owned a corner grocery store in St. Boniface, which is a community in Winnipeg. It’s actually the home of our Speaker, Speaker Gagné.

The store was attached to their home, and my cousin and I would sneak into the store after hours, when it was closed. I was fascinated by the food choices that were available. The selection was more or less as follows: There was one type of bread; it was white and sliced. There was one type of lettuce; it was pale green in colour. There was one type of mustard — that bright yellow stuff. There was one type of canned peas, greyish-green in colour, and so on and so on. This corner store served the food needs of an entire neighbourhood with no supermarkets around.

Today, we know there are endless types of bread, endless types of lettuce and endless types of mustard. Economic, technological and social change have provided us with a vast array of food products — domestic and imported, local, organic and natural options, sustainable choices, fast food and, best of all as far as I’m concerned, food items from every ethnic group on earth. Nobody would ever go back to the good old days or the bad old days. That being said, our progress has been achieved with serious downsides, particularly seen in the production and consumption of highly processed foods and those with high amounts of sodium, sugars and saturated fat, which have contributed to significant adverse effects on human health.

Nutritional science now provides us with a vast amount — a wealth — of information about the impact of food constituents, good and bad. According to Health Canada, on the topic of sodium:

. . . too much can lead to high blood pressure, an important risk factor for stroke and heart disease. Heart disease and stroke are the leading causes of death in Canada, after cancer.

It is estimated that over 30% of high blood pressure cases in Canada are due to high sodium intake. High dietary sodium has also been linked to an increased risk of osteoporosis, stomach cancer and severity of asthma.

When it comes to saturated fat, too much can cause cholesterol to build in one’s arteries. According to the Heart and Stroke Foundation, “Saturated fat can raise bad . . . cholesterol,” which “. . . is a risk factor for heart disease and stroke. . . .”

When it comes to sugar, the Heart and Stroke Foundation says that excess sugar consumption is associated with adverse health effects including “. . . heart disease, stroke, obesity, diabetes, high blood cholesterol, cancer and cavities.”

Experts say that Canadian diets are now dominated by ultra‑processed foods, which are high in salt, sugars and saturated fats. Evidence has shown that diet-related diseases now kill Canadians in significant numbers. In 2019, dietary risk factors contributed to an estimated 36,000 deaths, according to the Heart and Stroke Foundation. Indeed, children and youth aged 2 to 18 get over half of their calories from ultra-processed foods. Survey data show that Canadian children have diets high in sodium, sugars and saturated fat. For example, 72% of children between the ages of 4 and 13 years eat too much sodium.

The Public Health Agency of Canada reported over a decade ago that the rate of childhood obesity in Canada had been increasing steadily over previous decades. During its 2016 study on the increasing incidence of obesity in Canada, our very own Standing Senate Committee on Social Affairs, Science and Technology heard experts testify that the number of obese children in Canada had tripled since 1980 and that Canada ranked sixth among industrialized nations in respect of its percentage of children who are obese.

We know that overweight and obese children are at an increased risk of premature onset of chronic conditions and diseases such as high cholesterol, high blood pressure, sleep apnea, joint problems, Type 2 diabetes, heart disease, stroke and some cancers. Additionally, being overweight or obese impacts the mental health and well-being of children as well as other aspects of their lives. Losing weight and maintaining weight loss are difficult, and research shows that overweight or obese children are more likely to continue to be overweight or obese into adulthood.

The focus of Bill C-252 is advertising to children, so let me turn to that topic now. From the research literature, it is known that children are particularly vulnerable to the influence of advertising. Children under the age of 5 are generally not able to distinguish between advertising and programming, and most do not understand the selling purpose of advertising until they reach the age of 8 years old. By age 12, they understand that ads are designed to sell products, but they may not be aware of the persuasive intent of the advertisements. The more children are exposed to food advertising, the more likely they are to request or consume advertised foods.

According to a 2018 industry source quoted by the Heart and Stroke Foundation, it was estimated that each year in Canada, $1.1 billion is spent advertising and marketing foods and beverages to kids, and it is widely acknowledged that this marketing has spread well beyond the traditional media to include online and other digital content.

Let’s be clear about one thing. We are not talking about advertising health foods. Over 90% of food and beverage ads viewed by kids on television and online are for ultra-processed foods or foods containing high amounts of sugar, saturated fat or sodium. For example, a study looking at marketing to children on social media applications was conducted by the University of Ottawa’s School of Epidemiology and Public Health and reported in 2018. It found that 72% of their sample of children and youth were exposed to food marketing while using their favourite social media applications. The most frequently promoted food categories were by far, first of all, fast foods, followed by sugar‑sweetened beverages, candy, chocolates and snacks. A small percentage of that was actually even alcohol.

Last week, I was invited to speak to Grade 5 and 6 students at Palmer Rapids Public School in the Ontario community of Palmer Rapids about two hours west of Ottawa. I was asked by their teachers to speak about the great work of the Senate and what senators do. When I got to the part about working on legislation, I thought it would be interesting to use this bill as an example of what we do, considering these 10- and 11-year-old students would be directly affected by this bill. They seemed to find the topic very interesting.

I asked them if they could recall any food items they had seen advertised recently. Yes indeed they could remember food items they had seen advertised: Honey Nut Cheerios, Lucky Charms, McDonald’s Chicken McNuggets, Fruit Loops, Fruit Roll-Ups, Push Pops, McDonald’s fries and many other names were mentioned. This was a focus group that I suddenly came upon at this school.

When I later checked the nutritional value of the items they mentioned by going online and visiting the supermarket over this past weekend, only one item out of the extensive list of foods that these children saw in ads fell within the proposed guidelines for low sugar, fat or sodium. Just one of all this list of things they mentioned to me fell within the proposed guidelines. Many of these items that the children mentioned to me were at least double or even triple the recommended amounts.

So these specific developments have generated significant support for protecting children from these advertising and marketing activities, and thus, support for restrictions from organizations including the Heart & Stroke Foundation, the Canadian Cancer Society, the Canadian Medical Association, the College of Family Physicians of Canada, Food Secure Canada, Diabetes Canada, the Canadian Dental Association, the Alberta Policy Coalition for Chronic Disease Prevention, BC Alliance for Healthy Living, Collectif Vital, the Childhood Healthy Living Foundation and others.

The Stop Marketing to Kids Coalition, which includes a number of these organizations, stated in 2022, in support of Bill C-252, that:

Industry self-regulation has not worked . . . We need legislation to protect kids, support parents as they teach their children healthy habits, and ensure all companies must play by the same rules. We urge Parliament to move quickly to make this a reality.

The Standing Senate Committee on Social Affairs, Science and Technology, in its 2016 report on obesity that I mentioned, included as a recommendation that the government should ban the advertising of food and beverages to children. So, this chamber here is on record yet again — that is, in addition to former senator Nancy Greene Raine’s bill — supporting this exact policy direction.

Canada is by no means unique in having these concerns; the issue has been widely recognized worldwide. For example, a 2021 UNICEF report argued that unhealthy food marketing to children constituted a violation of a number of children’s rights as recognized in the Convention on the Rights of the Child, which includes children’s right “. . . to the enjoyment of the highest attainable standard of health . . . .”

The involvement of the World Health Organization, or WHO, is especially important here. In 2010, this organization called for global action to reduce marketing to children and put forward 12 recommendations to guide member states of the WHO. In July of this year, the organization updated its advice. Recognizing that they had earlier supported a range of policy options, they are now calling for something different: comprehensive and mandatory policies.

Why is this? It’s because powerful evidence has emerged on the continuing impact of marketing and the poor results of voluntary approaches. As the WHO noted in a statement this past July:

Aggressive and pervasive marketing of foods and beverages high in fats, sugars and salt to children is responsible for unhealthy dietary choices . . .

They further said that “Calls to responsible marketing practices have not had a meaningful impact. Governments should establish strong and comprehensive regulations.”

A number of jurisdictions have taken up mandatory initiatives to restrict advertising to children, including Mexico, Argentina and Chile. The United Kingdom and Spain are also in the process of developing their own regulations to prohibit the marketing of foods to children after witnessing first-hand that there were no positive outcomes from their existing self-regulatory industry codes.

But, colleagues, we don’t have to travel internationally to understand mandatory initiatives. Let’s go no farther than Quebec.

Yes, right here at home, and since 1980, Quebec has had legislation under their Consumer Protection Act that prohibits commercial advertising directed at children under the age of 13. Research studies — and I’m summarizing here — generally indicate reduced exposure of French-speaking children to ads on French child-oriented programs and stations.

A 2011 study also found that the ban was associated with a 13% reduction per week in the likelihood of French-speaking households with children to purchase fast food compared to Ontario.

Also, the Quebec law has survived serious court challenge. In a landmark 1989 decision, the Supreme Court of Canada held that the Quebec law that restricted advertising to children was valid and justified under section 1 of the Charter of Rights and Freedoms. Further, the court said:

The objective of regulating commercial advertising directed at children accords with a general goal of consumer protection legislation — to protect a group that is most vulnerable to commercial manipulation.

It continued, saying that:

Children are not as equipped as adults to evaluate the persuasive force of advertising. . . . children up to the age of thirteen are manipulated by commercial advertising . . .

Those are the words of our highest court.

So implementation of the provisions of Bill C-252 is expected to reduce children’s exposure to food advertising in media to which they are highly exposed. Along with other initiatives, and over a longer term, it should reduce the risk of children developing obesity and diet-related chronic diseases.

Colleagues, during my career in the research industry, Health Canada was my client for many years, and I had the opportunity to lead many research projects and initiatives in areas that include tobacco control and the National Anti-Drug Strategy. I know first-hand, both from experience and observation, that a multipronged strategy is always needed to create positive change in behaviour and health outcomes. Increasing public awareness and knowledge, product labelling, restrictions on advertising and promotions and other initiatives are a key part of what is often called a “whole-of-society approach.”

Parents, health professions, schools, other levels of government and the media all have important roles to play as well.

Let me focus on parents for a moment. I remember when my children were young, and how challenging it was to drown out the marketing to children, which was and is everywhere for all kinds of foods and products. I did not live in Quebec. I was raising my children in downtown Toronto. They were exposed to all the marketing that was available to children during the years when they were young.

I think this bill will help parents significantly.

As former senator Nancy Greene Raine has said in respect of her Bill S-228:

It is up to parents to do the parenting. But we need to support parents in being able to do the right thing. Food and beverage companies will still be able to market their products — this legislation will simply prohibit them from bypassing parents and marketing directly to vulnerable children.

Parents, I think, appreciate this very much. That is why 85% of parents of children ages 4 to 18 in an Environics survey conducted for the Heart & Stroke Foundation supported restricting the marketing of unhealthy foods and beverages to children.

Now, in respect of this multipronged approach, we have seen government initiatives over the years coming from all governments — not just this one, but also previous federal and provincial governments. We have seen government initiatives with respect to healthy eating, including promoting nutrition information, product labelling, the prohibition of industrially produced trans fats, revisions over the years to Canada’s Food Guide, sodium reduction targets and others.

Restricting food advertising to children as a specific policy initiative has been a Minister of Health mandate commitment since 2015. After consultations between 2016 and 2019, this policy direction was confirmed in the Minister of Health’s mandate letter of 2021.

Health Canada is now proposing a targeted approach to restrictions, focusing on television and digital media first. It has acknowledged that children are also exposed to food advertising in other types of media and settings, as well as via techniques such as brand advertising, food packaging and labelling and sports sponsorships. But those activities will be monitored going forward; they are not the subject of regulations today.

At the beginning of my comments, I mentioned regulations. Those regulations are coming. They will be introduced under the Food and Drugs Act to implement these types of restrictions. Consultations on the policy update were held earlier this year from April through June. The public will have an opportunity to provide comments on the regulatory proposal during the Canada Gazette public comment period, which is expected in the spring of next year.

The government supports Bill C-252. It has already been adopted by the other chamber, and if it’s adopted by this chamber, the regulations now being developed by Health Canada will likely serve as the supportive regulations to this legislation, and the final regulations will be adapted to this legislation. Therefore, Bill C-252 can influence the final regulations and the work at Health Canada on this policy.

Another way to describe this is that this bill will serve as the enabling legislation or a framework for action while regulation adds specific details.

Colleagues, there are many more interesting and relevant topics I could talk about here, but perhaps I will leave such other topics for the committee. I look forward to this bill going to committee, and I look forward to the committee’s examination of this bill.

Let’s recall that Bill S-228, this bill’s predecessor, had very extensive examination at our Senate Social Affairs Committee back in 2017. During that committee process, 23 witnesses were heard on Senator Nancy Greene Raine’s bill. Although that process was very thorough, I don’t feel we need to go back and go through that whole process. However, I hope we hear from the key experts when this bill goes to committee.

I was recently asked if this bill is going to take food off the shelves of our grocery stores. The answer is “no.” All of the food items I mentioned earlier that I was looking at in the supermarket this weekend — all those cereals, kids’ food and so on — will still be there, for better or worse. Therefore, all of those kid‑oriented products will be available, but if this bill passes and if the regulations are implemented, they will no longer be advertised to kids.

In closing, colleagues, let me add that I recently had the pleasure of speaking with our former colleague Senator Nancy Greene Raine. She extends her greetings to everyone in this chamber. At age 80, she still skis every day, and remains dedicated to this policy initiative. She is enthusiastic about this bill and its prospects. As she said to me, “It’s needed now more than ever.”

Thank you, colleagues.