On June 28, 2023, the Code for the Responsible Advertising of Food and Beverage Products to Children (the "Code") and an accompanying Guide for the Responsible Advertising of Food and Beverage Products to Children (the "Guide") came into force. The Code and Guide will be administered and enforced by Ad Standards, the self-regulatory organization for advertising in Canada.
The Code and Guide streamline requirements advertisers must follow to advertise responsibly to children, who are defined as persons under age thirteen, and are considered to be particularly susceptible to advertising.
The Bread and Butter: Prohibitions under the Code
Any form of advertising not specifically exempt is covered by the Code. This includes television and radio advertisements. The Code specifically prohibits advertising food or beverage products in elementary and middle schools and product placement of food or beverage products in content directed at children.
Some specific forms of advertising are exempt from the Code. Point of sale advertising, such as in-store displays, and promotional activities such as sampling specific food and beverage products are exempt from the Code. Packaging and labels are exempt, however these items cannot contain wording to urge a child to purchase a food or beverage product. Food or beverage products that do not satisfy the restrictions in the Code but promote an educational or charitable initiative or cause are also exempt.
Meat of the Matter: Unique Nutrient Criteria for Specific Products
Advertisements for food or beverage products must not be primarily directed at persons under thirteen unless the product satisfies the nutrition criteria set forth in the Code. There are standard nutrition criteria that apply to most food and beverages, as well as the potential to develop unique nutrition criteria for select food and beverages. Since June 1, 2023, Ad Standards has been considering submissions to develop unique nutrition criteria from manufacturers of specific foods and beverages.
The rationale for developing unique criteria must be science- and evidence-based. Examples of suitable rationales include: a) the food or beverage is a staple food in diets of Canadian children, (b) the food or beverage is recognized by Health Canada as an important food to deliver essential vitamins and minerals to Canadian children or (c) the food or beverage is required by Canada's Food and Drug Regulations to be enriched or fortified with prescribed levels of vitamins and minerals. Ad Standards anticipates very few submissions will be considered or accepted.
Fortifying the Code: Administration and Regulation
Pre-Clearance Services
Starting June 28, 2023, Ad Standards has offered pre-clearance services for advertisers to facilitate compliance in all media. Advertisers who are successfully pre-cleared by Ad Standards will receive a logo affixed to their approved product indicating it is in compliance.
Public Complaint and Compliance Reporting
As of June 28, 2023, members of the public can submit complaints to Ad Standards for advertisements that violate the Code. Complaints about advertisements created before the Act was in force will be shared within the industry for a three-month period, until September 30, 2023, to educate advertisers on the nature of complaints received. Advertisements subject to a complaint during this period can be resubmitted for review.
Looking Ahead
Ad Standards began administering the Code on June 28, 2023 and requires advertisers to be compliant following that date. Advertisers need to evaluate whether their advertising strategies are aimed at children and assess the nutritional profile of products behind these advertisements. Manufacturers and advertisers subject to the Code should be aware of the broad scope of these regulations and not hesitate to reach out if further guidance is required to navigate these requirements.
Please see also New Industry Standard for Advertising Food and Beverage Products to Children for further information on specific requirements of the Code.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
