Policy update on restricting food advertising primarily directed at children: Proposed policy

On this page

• Introduction
• Summary of proposed policy
• Details of proposed policy
• Foods subject to restriction
• Compliance and enforcement
• Expected results

Introduction

These restrictions aim to reduce children's risk of developing overweight, obesity and diet-related chronic diseases, now and later in life, by limiting their exposure to influential food advertising where they spend much of their time and are highly exposed to food advertising. Along with other Healthy Eating Strategy initiatives, this would support healthy food environments, which in turn contribute to healthy eating behaviours.

We're proposing a targeted approach to introducing restrictions, focusing on television and digital media first. The Food and Drug Regulations would set out factors to be considered in determining whether an advertisement is considered primarily directed at children on television and digital media and describe the approach used to identify foods subject to restrictions.

Following introduction of regulations, Health Canada will continue to monitor food advertising to children and teens, including settings and media where regulations would not apply. This will help inform any future changes.

Summary of proposed policy

Target population: Children under 13 years old.

Scope of restrictions: Television and digital media.

Advertisements subject to restriction: Advertisements primarily directed at children for certain foods. Brand advertisements (where no identifiable food is shown or referenced by name) would not be captured by the restrictions.

Foods subject to restriction: Foods with added sodium, free sugars or added fat that exceed the 'low in' nutrient content claim thresholds for sodium, sugars and/or saturated fat. These claims are incorporated by reference in the Food and Drug Regulations. Free sugars are added sugars, as well as the sugars naturally present in honey, syrups, fruit juice and fruit juice concentrates.

Details of proposed policy

Target population

Health Canada is proposing that restrictions apply to advertisements primarily directed at children under the age of 13.

Scope of restrictions

Health Canada is proposing that restrictions target television and digital media, where children spend much of their time and are highly exposed to food advertising. This includes, but is not limited to, advertising on:

• websites
• social media
• mobile applications
• broadcast television
• email and messaging services
• video and audio streaming services
• online games and virtual reality programs

Advertisements subject to restriction

Only advertisements primarily directed at children for certain foods within television and digital media would be subject to restrictions.

Brand advertisements where no identifiable food is shown or referenced by name

Advertisements that only include food brand elements (such as a logo, mascot), but do not show any food that can be identified (e.g., a visual of a specific food or its specific package) or reference the unique name of a food (e.g., visual or audio of the name of the specific product), would not be captured by the restrictions.

Advertising primarily directed at children

To determine whether an advertisement is primarily directed at children, it is necessary to assess the context of the advertisement's presentation and, in particular, the following factors:

• Factor 1: The nature and intended purpose of the medium where the ad is communicated
• Factor 2: Whether the advertisement targets, or is reasonably expected to appeal particularly to, children

The assessment of these factors would be contextual. However, it is likely that an advertisement would be considered primarily directed at children if it is communicated in:

• Media specifically intended for children, or
• Media intended for a general audience and the ad targets, or is reasonably expected to appeal particularly to, children

The proposed approach seeks to reduce children's exposure to influential food advertising while minimizing impacts on advertising to adults, given that the target population is children under the age of 13.

The following sections provide additional details on the 2 proposed factors.

Factor 1: The nature and intended purpose of the medium where the ad is communicated

Not all media are the same: some media are intended for a general audience that includes children under 13, as well as teens and adults (such as a broadcast of a hockey game), while others are specifically intended for children (such as a children's television program).

If an advertisement is communicated in a medium specifically intended for children, it would likely be considered primarily directed at them. This is because children are the primary audience of that medium.

Media specifically intended for children

A medium would likely be considered specifically intended for children if:

• it is rated, classified or described as being specifically intended for children, or
• the subject matter or content of the medium is specifically intended for children or intended to be engaged with by children

Some examples of media intended for children could include:

• Television channels and programs:
  • Television channels that are described as being specifically for children.
  • Television programs that are specifically intended for children as defined by the broadcaster or streaming service (such as English programming rated C and C8).
• Movies (on television or online): Where the movie is rated or described as being specifically intended for children, and content is clearly designed for children (for example, child-appealing subjects or themes, a central plot including child-appealing characters and creatures, protagonists who are children).
• Websites, online games, social media pages or mobile applications: Digital media that is rated or described as being specifically intended for children, or where the content is clearly designed for, or to be engaged with by, children (such as websites with child-appealing subjects or themes, child influencer posts, and games intended for children).

Factor 2: Whether the advertisement targets, or is reasonably expected to appeal particularly to, children

A wide range of advertising techniques, design elements and characteristics are used to advertise foods to children. An advertisement communicated in a medium intended for a general audience (for example, ad aired during broadcast of a hockey game) could be considered primarily directed at children if it targets, or is reasonably expected to appeal particularly to, children. In this case, while both children and other age groups may be the audience of the medium, the ad could be considered primarily directed at children based on a collective assessment of the design elements, characteristics and advertising techniques used in the advertisement.

Examples of advertising techniques, design elements and characteristics that would be considered under factor 2

In general, the more of these elements that appear in, or are associated with, an advertisement, the more likely the advertisement targets, or is reasonably expected to appeal particularly to, children. Some techniques (such as licensed characters) are especially appealing and may be enough on their own to consider an ad primarily directed at children. These techniques, design elements and characteristics would not be restricted in the case of brand advertisements where no identifiable food is shown or referenced by name.

• Licensed characters from children's TV shows, movies, books, toys, games, and so on
• Brand or generic characters (real or animated) that are children or have child-like characteristics and behaviours, use child-like language or have a design that is likely to appeal primarily to children (for example, more cartoon-like)
• Games or activities that are likely to appeal primarily to children (such as due to the required skill level, nature of the game or activity, or the design or characters featured in the game or activity)
• Celebrities and public figures, including actors, influencers, athletes and musicians that are popular primarily with children
• Cross-promotions with children's movies, programs, games, toys, etc.
• Incentives and premiums, including coupons, contests, prizes, or giveaways that are primarily directed at children (for example, directly inciting children to participate in a contest) or likely to appeal primarily to children (for example, due to nature of the incentive)
• Visual design, audio and special effects, such as animation, fonts, colours, patterns, music, jingles, etc. that are likely to appeal primarily to children
• Subjects, themes and language that are likely to appeal primarily to children, such as those linked to fun, humour, fantasy, magic, adventure, playing with friends, parent approval and popular trends among children
• Calls to action and engagement techniques primarily directed at children, such as viral marketing directed at children, language directing children to engage with the brand and language directly inciting children to purchase or seek information about a food
• Digital targeting techniques, such as the use of demographic or interest-based information to specifically reach children

Recognizing that an advertisement could be directed at adults or a general audience despite featuring characteristics, design elements and/or advertising techniques that may appeal to children, it is important to consider the overall context of the ad. Some elements to consider when assessing the overall context include:

• Who is present in the ad and what are they doing? For example, if the ad mostly includes children or characters in a child context (such as playing games, doing homework), that could indicate that the ad is primarily directed at children. Conversely, if the ad only features adults in an adult context (such as going to work, cleaning), it is unlikely that the ad is primarily directed at children.
• What is the setting of the ad? If the ad is set in a school or a children's soccer game, that could be an indication that the ad is primarily directed at children. If the ad is set in a casino or a bar, it is unlikely that the ad is primarily directed at children.

Foods subject to restriction

Health Canada proposes to restrict the advertising of foods with added sodium, free sugars, or added fat that exceed the 'low in' nutrient content claim thresholds for sodium, sugars and/or saturated fat. These nutrient thresholds are equivalent to 6% of the daily value (DV) for sodium, 5% DV for sugars and 10% DV for saturated fat.

Adding these nutrients of public health concern to foods increases their consumption and contributes to excess intakes, increasing health risk. The foods that would be restricted by Health Canada's proposal contribute to children's excess intakes of nutrients of concern. This includes most of the foods that are currently frequently advertised to children, such as:

• candy
• snacks
• desserts
• chocolate
• baked goods
• restaurant food
• sweetened dairy products
• sugar-sweetened beverages
• sweetened breakfast cereals

Advertisements for foods recommended in Canada's food guide as an important part of healthy eating would not be restricted. This includes vegetables and fruits, whole grain foods and protein foods with no added sodium, free sugars, or added fat. In addition, other foods or prepared meals and snacks that are 'low in' sodium, sugars and saturated fat would not be subject to restriction.

Figure 2 below shows examples of foods recommended in Canada's food guide.

Figure 2 - Text description

The Canada's food guide plate shows the proportions of foods on a plate for healthy meals or snacks.

• On half of the plate are vegetables and fruits (broccoli, carrots, blueberries, strawberries, green and yellow bell peppers, apples, red cabbage, spinach, tomatoes, potatoes, squash and green peas).
• On one-quarter of the plate are protein foods (lean meat, chicken, variety of nuts and seeds, lentils, eggs, tofu, yogurt, fish, beans).
• On the remaining one-quarter of the plate are whole grain foods (whole grain bread, whole grain pasta, wild rice, red quinoa, brown rice).

Appendix B provides more information on the proposed nutrient profile model for defining foods subject to restriction.

Compliance and enforcement

Regulated parties are responsible for understanding the law as it applies to them and ensuring their products, activities and processes comply with applicable laws and regulations.

The Canadian Food Inspection Agency (CFIA) is responsible for the enforcement of food-related provisions of the Food and Drugs Act, including enforcement of the proposed restrictions on advertising of certain foods to children. Health Canada and CFIA are exploring potential governance options that could see both organizations participating in various compliance and enforcement activities.

The compliance and enforcement approach would be informed by best practices from other organizations that regulate television and online advertising. The compliance and enforcement approach could include use of a variety of activities and tools, on a case-by-case basis, to promote compliance, and identify and address non-compliance. For example, these activities and tools could include a complaint mechanism, monitoring, inspections, compliance letters, and may escalate to prosecution and fines. Robust compliance promotion tools would support these activities.

Expected results

Health Canada expects that the proposed restrictions on advertising of certain foods to children, combined with comprehensive surveillance monitoring, will have the following results:

Shorter-term results:

• Reduction in children's exposure to influential food advertising in media where children spend much of their time and are highly exposed to food advertising
• Increase in evidence on the extent and nature of food advertising to children and teens in Canada through monitoring

Longer-term results (along with other healthy eating initiatives):

In the longer-term, these restrictions are expected to reduce children's risk of developing overweight, obesity and diet-related chronic diseases, now and later in life. Along with other Health Portfolio initiatives, this would support healthy food environments, which in turn contribute to healthy eating behaviours.