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Food and Drugs Act

Bill to Amend--Second Reading--Debate Continued

February 6, 2024


Honourable senators, it is a privilege to be back in this chamber today and to speak in support of Bill C-252, An Act to amend the Food and Drugs Act with respect to prohibiting food and beverage marketing directed at children. I would like to begin by thanking our colleague Senator Dasko for agreeing to bring this important issue before the Senate.

In my speech today, I’d like to highlight the reasons this bill is essential, in my opinion, and address some of the myths about its scope.

Let’s begin with a line of reasoning that I believe we can all agree on. Canada is facing a juvenile obesity crisis. Kids are exposed to marketing and publicity like never before. They are vulnerable. We have a responsibility to look out for the most vulnerable and therefore must give attention to this important bill.

We have been facing an epidemic of childhood obesity for years. It is real and documented, and it warrants examination. It would be impossible to overemphasize the fact that one in three Canadian children nowadays is either overweight or obese. That figure is three times higher than it was 30 years ago, and 1.6 million Canadian children are affected.

Our failure to bring these numbers down means that these children are more at risk of developing a number of preventable chronic health problems at an earlier age, problems that could follow them into adulthood. The World Health Organization acknowledges a direct link between childhood obesity and junk food advertising.

Data from the Heart and Stroke Foundation of Canada show that $1.1 billion is spent annually in Canada on the marketing of food and beverages to children. This may be only a small share of the total advertising dollars spent in Canada, but it is a highly targeted share. In addition, the impact of exposing children to advertising is massive. Ads are becoming increasingly sophisticated and interactive, and most of them push foods that are high in salt, sugar and fat.

According to Health Canada, on average, in 2019, children and teens aged two to 17 saw nearly five food ads on television per day, for a total of 1,700 food and beverage TV ads. Allow me to make a very simple inference: The reason so much money is being invested in advertising is because it works. If you have young people in your life, you don’t need any major scientific data. You have surely seen children glued to a tablet or phone, rapidly absorbing a huge number of ads.

As we can see, kids are exposed to advertising like never before, thanks to all the technology and digital media we have. From the moment they wake up to when they go to bed, ads are all around them. Advertisers are never short of creativity when it comes to reaching out to our children and teenagers in their real and virtual environments.

However, we know these ads are not there only to entertain them. They are designed to influence our kids and make them want to consume. We know children are permeable to influence. Experts have demonstrated this time after time. Their brains are still developing, and until the age of 12, they don’t have the skills to see through tricky advertising.

Without this ability to distinguish between information and promotion, they are vulnerable. Quebec recognized that fact back in 1980. As a pioneer in the field, Quebec is still the only province where the law forbids marketing any good or service to children under 13 years of age. Although it took the Supreme Court until 1989 to recognize the constitutionality of these restrictions, Quebec’s legislation has been acknowledged as an effective safeguard.

However, under the exceptions set out in Quebec’s legislation, commercial advertising is still permitted on product packaging, in store windows and on store displays.

The industry has exploited this loophole to a problematic degree. Many organizations, including the Collectif Vital, formerly known as the Coalition Poids, have told us that Bill C-252 would fix this problem.

Outside Quebec, advertising aimed at children under age 13 is overseen by a system of industry self-regulation. Its most recent measure was the publication in 2021 of its Code for the Responsible Advertising of Food and Beverage Products to Children. Although I commend this effort, we must remain clear‑eyed. As Senator Dasko mentioned, self-regulating codes here and elsewhere in the world have not produced any proven positive effects.

It’s also important to note that this bill is not a stand-alone initiative. It complements initiatives under Canada’s Healthy Eating Strategy, such as the 2018 ban on industrial trans fats in foods sold in Canada, the 2019 modernization of Canada’s Food Guide, and the 2022 update of food labelling regulations.

As you can see, honourable senators, this bill is one of the missing pieces in this effort to make it easier for Canadians to make healthier, more informed choices.

Of course, this is where Bill C-252 comes in. It’s all about setting some rules across Canada to protect our kids and make sure they can grow up healthy and make good food choices without all the unnecessary pressure.

Colleagues, allow me to clarify what this bill will not do. First, Bill C-252 does not infringe on the industry’s freedom to advertise their product. This bill is about finding a balance. There will always be a right to free market enterprise, and businesses will have their right to advertise, but you will agree that it should never be at the expense of our kids’ well-being.

Second, this bill will not hurt the advertising industry. Studies show that marketing to kids is just a small part of their overall budget. If we rely on the Quebec experience, businesses can still be successful and ethical while keeping our kids safe.

In addition, the restrictions in Bill C-252 will not make Canadian businesses that export their products less competitive. Every market has its own regulatory requirements, of course, regardless of the product, and businesses know how to comply and are accustomed to doing so.

Finally, this bill will not limit children’s participation in sports and will not have a negative impact on the sport community. The restrictions that have been in place in Quebec since 1980 have not prevented the province from developing and sustaining a healthy and vibrant sport community. It is useful to point out that the bill focuses on foods, not brands. Corporate sponsors of teams and events will always be able to display their name on jerseys and event advertising banners. Well-known programs like Tim Hortons’ Timbits will continue to exist. However, companies will not be allowed to offer free products, food samples or coupons, which seems perfectly reasonable to me.

Colleagues, the goal of this bill is to put limits on advertising directed to kids. This can be somewhat easily accomplished when it comes to TV shows. You will agree those shows are often packed with ads for sugary or salty snacks, fast food and sugary drinks. These TV ads have a direct effect on what our kids want to eat, which can lead to child obesity. This bill simply says let’s cut back on those unhealthy food ads during kids’ shows. It’s simple, it’s common sense.

The challenge, I believe, will be to address advertising on all platforms because it’s true that children and teenagers surf the web more than they watch TV. What about social media influencers? They are everywhere these days and can have a real impact and influence on our kids. Attention should be paid in committee to the likelihood that advertisers will mainly focus on social media, YouTubers and other influencers once Bill C-252 becomes law.

Let me remind everyone that parents — and I include myself in this group — need support to protect their children from aggressive marketing tactics. It is time for the government to act, to support parents who are trying to make good choices. I want to be clear: This is not about government interference, interventionism or control.

It is about putting children at the heart of our priorities and taking the necessary steps to ensure that all children are on an equal footing from day one. The idea is to ask ourselves how we can create a Canada where, no matter who they are, where they come from or what obstacles and barriers they face, all children have an equal chance of reaching their potential and achieving their dreams. We did it with the dental benefit, and we want to do it with Bill C-35 to create a truly accessible, affordable and inclusive early learning and child care system.

Let’s be frank: With the passing of this bill, we are barely catching up with the world and are far from being pioneers. Other countries, like the U.K., Norway and Sweden, have already put some rules in place on advertising to kids and it’s been constructive and positive. Children in those countries are exposed to fewer ads that push unhealthy products, and this has led to better public health.

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