44th Parl. 1st Sess.
May 6, 2022 10:00AM
moved that Bill C-252, An Act to amend the Food and Drugs Act (prohibition of food and beverage marketing directed at children), be read the second time and referred to a committee.
She said: Madam Speaker, I am pleased to rise in the House today to take part in the discussion on Bill C-252, which aims to support restrictions on commercial marketing and advertising on certain foods and beverages to children.
Today's food environment is diverse and includes access to fast foods and ultraprocessed foods, which makes it difficult for Canadians to make healthy food choices. The issue has less to do with our individual will and more to do with what foods are available and aggressively marketed to us.
The advertising of these types of foods is all around us. As a result, Canadians are exposed to and consume too many foods that contribute to excess sugars, saturated fats and sodium in their diets. It is no wonder that Canadians continue to face challenges as they navigate through the food environment and strive to make healthy eating decisions.
There is no denying that we are facing a chronic disease crisis in Canada, and unhealthy diets are playing a key role. The scope of the crisis is staggering, and unhealthy diets with excess intakes of sugar, saturated fats and sodium are a key modifiable risk factor for obesity and chronic diseases. It has been reported that, for the first time in history, we have children who have spent their whole lives eating diets high in ultraprocessed foods and of low nutritional value. In fact, Canadians are the second-largest buyers of ultraprocessed foods and beverages in the world, second only to the Americans. Furthermore, studies have shown that one in three children in Canada is overweight or obese, and as a result is more likely to develop health problems such as high cholesterol, high blood pressure, joint problems, type 2 diabetes, cardiovascular disease and even some forms of cancer later in life.
In 2019, dietary risk factors contributed to an estimated 36,000 deaths, and the burden of chronic diseases impacted mainly by diet and other modifiable risk factors has been estimated to cost $13.8 billion in Canada. With these alarming rates and statistics, it is undeniable that the issue of our food environment requires our attention as a growing matter of public health concern.
While a number of contributing factors influence our diet, food advertising is one of the more prevalent. Advertising has a considerable impact on children's preferences and consumption patterns. A report presented in 2016 by the World Health Organization's Commission on Ending Childhood Obesity concluded that there is unequivocal evidence that the marketing of food and beverages that contribute to excess sugar, saturated fats and sodium in children's diets has a negative impact on childhood obesity and other diseases. It recommended that any attempt to tackle this serious health issue should include restrictions on the advertising and marketing of certain foods and beverages to children.
Even before the pandemic of COVID-19, it had been reported that over 90% of food and beverage product advertisements viewed by children online, and/or on TV have been for products that are high in sugars, saturated fats and sodium content. Kids aged nine through 13 years of age get more calories, almost 60%, from ultraprocessed foods than any other age group.
The COVID-19 pandemic has further highlighted the urgency of tackling unhealthy eating habits as children who were confined in their homes through the lockdowns were subjected, through various media and settings, to unhealthy diets and food and beverage ads at an alarming rate. Statistics have shown that one-third of Canadians increased their consumption of junk food or sweets just three months into the pandemic as a way to deal with the stressful circumstances.
It is widely acknowledged that children are particularly vulnerable to advertising, and succumb to its persuasive influence over their food preferences, attitudes, purchase requests, consumption patterns and overall health. Children are highly exposed to food advertising through various forms of media, packaging or displays that promote foods that contribute disproportionately to excess consumption of sugar, saturated fats and sodium. The Canadian food and beverage industry spends approximately $1.1 billion per year on marketing to children. It uses product designs, cartoons, identifiable characters, fantasy and adventure themes to market to kids.
The exposure, frequency and power of the ads can successfully reach a child as young as three years of age. Given this evidence, it is clear that the government needs to do more and take immediate action to protect children from unfair and deceptive marketing and advertising practices in order to protect their health. That is why part of the Minister of Health's mandate is to promote healthy eating by advancing the healthy eating strategy.
Evidence has shown that many factors in our food environment influence our ability to make healthy food choices, such as access to and availability of healthy food options, lower prices and the promotion of certain foods. The food we find in our grocery stores, on restaurant menus, on social media and in food advertising greatly impacts our choices. With widespread availability of foods high in sugar, saturated fats and sodium, we need to take action in order to restrict ads from targeting children.
Our government recognized these challenges in 2016 and subsequently launched the healthy eating strategy in order to make the healthier choice the easier choice for Canadians. The strategy aims to improve nutrition information and literacy, facilitate healthier food options, and protect and support marginalized and vulnerable populations.
The Government of Canada has made significant progress to date. In 2016, the government improved the nutrition facts table and list of ingredients, which helped Canadians make more informed food choices; in 2018, it prohibited industrially produced trans fats; in 2019, the revised Canada's food guide was launched, providing Canadians with relevant, consistent and credible dietary guidance; and in 2020, sodium reduction targets were published to encourage sodium reduction in food supply. However, more remains to be done.
The government is committed to advancing the outstanding initiatives of the healthy eating strategy and pursuing the implementation of preventive measures aimed at promoting healthy eating lifestyles. These include finalizing the front of package nutrition labelling to promote healthy food choices, and supporting restrictions on the commercial marketing and advertising of certain foods and beverages to children. Having the right tools to access, understand and use nutrition information will support Canadians in making healthier choices.
However, other factors, particularly the constant stream of commercial messages and endorsements, also influence what we buy. These aggressive marketing techniques are used to promote foods with excess amounts of sugar, saturated fats and sodium. Children are particularly vulnerable to food advertising and, therefore, must be provided the necessary protection for their health and well-being; marketing directed at them must be regulated. Their parents should be provided with the support needed as they help their children develop healthy eating habits and food preferences.
Bill C-252 aims to protect children's health and well-being. Bill C-252 proposes to amend Canada's Food and Drugs Act in order to prohibit any marketing of food and beverages directed at persons under the age of 13. Clause 2 of Bill C-252 adds the definition of “children”, stipulating that it means persons who are under the age of 13.
As per the FDA, “food” includes beverages, and “advertisement” is defined in broad terms, including representation by any means of promoting directly or indirectly the sale of products controlled by legislation. The notion of advertisement is media neutral, which encompasses the latest technologies and evolving marketing methods. Clause 4 of Bill C-252 adds a new paragraph to the FDA, entitled “Advertising directed at children” and—
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Madam Speaker, I am very pleased to rise today to speak to Bill C-252, which was introduced by the member for Saint-Léonard—Saint-Michel.
Basically, this bill seeks to amend the Food and Drugs Act to specifically prohibit the marketing of “foods and beverages that contribute to excess sugar, saturated fats or sodium in children’s diets” to persons who are under 13 years of age. As a result, this bill specifically targets the marketing of sugary drinks, for the most part. The bill also provides for a review of the results of these measures by a House, Senate or joint committee in five years.
This bill seeks to address a rather serious problem. One need only consider the statistics. A 2016 report by the public health officer for Quebec indicated that 52% of the population, both adults and children, were overweight and that 18% were obese. According to the most optimistic projections, we can expect those numbers to increase to 54% and 21%, respectively, by 2030. That is a rather sharp rise.
If we focus on the statistics for children across Canada, we can see some marked differences over the past decades. For example, between 1978-79 and 2004, the combined prevalence of overweight and obesity among children aged two to 17 increased from 15% to 26%. Increases were highest among youth aged 12 to 17 years, with overweight and obesity more than doubling for this age group, from 14% to 29%.
This is an urgent problem that must be addressed, in light of all of the comorbidities associated with being overweight or obese, such as cardiovascular diseases. These diseases are the first to come to mind, especially since they were the leading cause of death in 2012. Another example is diabetes, which can be connected fairly directly to sugary drinks. Other examples would be various musculoskeletal disorders, such as arthritis, and other degenerative diseases that are generally highly debilitating. I also want to point out the higher prevalence of certain cancers that are comorbid with overweight and obesity, such as endometrial, breast, ovary, prostate, liver, gallbladder, kidney and colon cancers. This is a global problem that will become worse if nothing is done.
The bill specifically addresses advertising aimed at children. It is interesting to look at the impact that advertising can have on children in general. We can see that, without realizing it, our little ones are increasingly being seen as prospective consumers. We tend to forget that. Here are some interesting facts.
As we know, children have both direct and indirect economic power. They influence nearly 40% of family purchases. Direct spending by children is also on a steady rise around the world. In Canada, in 2004, children aged four to 12 influenced $20 billion in family purchases. This is indirect influence. In 2002, four million children aged two to 12 were estimated to have spent $1.5 billion of their pocket money. In 2006, the figure was $3 billion. The same thing is happening in the United States, where the amount doubles from one decade to the next.
We also know that there is a business strategy behind advertising aimed at children. The goal is to build customer loyalty at an early age. We know that, from the age of six months, babies have the ability to form mental images of corporate logos and mascots. By the age of three, one in five American children demand specific brands of products. Of the six brand names most recognized by toddlers, four are from the food industry.
In all, 93% of children aged three to five recognize the McDonald's logo. The fact that they recognize it is one thing, but does it work? Here is an interesting fact. When researchers present children aged three to five with fries in McDonald's packaging and the same fries in other packaging, they systematically prefer the fries in the McDonald's packaging. Clearly, it has an impact.
This takes me back 15 years to when I was starting my law studies. One of the first courses I took, and loved, was a consumer rights course taught by Pierre-Claude Lafond, who encouraged me to pursue my training. We were already seeing the impact of legislation on advertising, such as American drug ads, which are very long and state the name of the drug, what it is used for, its many side effects and more. In contrast, in Canada, companies cannot say both the name of the drug and what it is used for. Ads here encourage people to talk to their doctor.
It is the same thing for children's toys. I remember that when I was very young, I would always change the channel to see American ads because they were so much more interesting to me. As children, we saw toys of all kinds, so it obviously had an impact.
The bill does have its limits. I therefore encourage the committee that will study it, and the committee responsible for the five-year review, to look closely at certain issues.
For this to be effective, for us to really combat obesity and overweight among children, we need to look at more than just advertising. This bill must be part of a broader movement. Take Quebec, for example, which in 2019 introduced an action plan to reduce the consumption of sugary drinks and to promote water. Quebec not only has its own legislation to prohibit advertising to kids under 13, it also has its own policy on the subject.
I would remind members that Quebec did not take part in developing any federal framework. If the goal is to create legislation to restrict advertising, it is important that this be done in conjunction with the provinces. The member for Sarnia—Lambton pointed out that kids are less active than they used to be. Everything related to health, in general, falls under provincial jurisdiction. We must therefore ensure co-operation between the federal government, in terms of the Food and Drugs Act, and the provincial jurisdictions. I therefore suggest that this be studied in committee.
As I mentioned to the member for Saint-Léonard—Saint-Michel, we also need to make sure that we are truly able to eliminate false advertising. That is something that Professor Lafond talked about in the course I took with him.
Quebec has an excellent law, but our consumer protection board, the OPC, which is responsible for monitoring compliance, was unable to keep up with demand. Professor Lafond explained to us that only the most blatant cases were taken off the air because the OPC did not have the necessary resources to deal with all of the requests and complaints. By the way, a complaint has to be filed in order for an ad to be taken off the air.
Since this is a private member's bill and these types of bills generally do not involve any expenditures, perhaps we should consider how the terms of this legislation can be implemented effectively.
It is important to remember that there can always be a sort of grey area between what is considered an ad directed specifically at children and what it not. The industry is quite creative on that score.
In 2019, Quebec produced a report on food advertising directed at children, and it listed several ways that companies get around the law. Think of food in the shape of a toy. To what extent is that an ad directed at children? Think of seasonal packaging and designs based on popular current movies. Are they directed more at children or adults, depending on the film? Think of the use of popular or trademark characters, funny wordplay, and products designed in a smaller size or with a toy included to appeal specifically to children.
What about ads posted in family areas? Are they directed specifically at children? We also have to look at how food is displayed on grocery store shelves. What about the font used in an ad, or references to magic or fantasy? I suggest that all these things be studied by the committee that will be reviewing the bill to make it as effective as possible, or so we hope.
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