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Decentralized Democracy

Don Davies

  • Member of Parliament
  • Member of the National Security and Intelligence Committee of Parliamentarians
  • NDP
  • Vancouver Kingsway
  • British Columbia
  • Voting Attendance: 59%
  • Expenses Last Quarter: $153,893.57

  • Government Page
Mr. Speaker, I am pleased to rise today to speak in support of Bill C-252, which has the laudable goal of prohibiting food and beverage marketing directed at children of materials that are unhealthy and damaging to their health. This legislation is long overdue. By way of a background, Canada's New Democrats have been advocating for a ban on unhealthy food and beverage marketing to children for many years. In 2012, over 10 years ago, the NDP member of Parliament for New Westminster—Burnaby introduced legislation to expressly prohibit advertising and promotion for commercial purposes of products, food, drugs, cosmetics or devices directly to children under 13 years of age. One can tell already from that short list that the bill was more ambitious than the one we are discussing today, which deals only with unhealthy food and beverages, but it dealt and engaged with the very same concepts before the House today. In 2016, as has already been heard in the House, Senator Nancy Greene Raine introduced the child health protection act. It was called Bill S-228, and that legislation would have banned the marketing of unhealthy food and beverages primarily directed at children under 17 years of age. A bit later I will touch on how this bill has reduced that age to 13, and of course, under 17 would have been more ambitious. As I will advocate in my remarks today, it would have been preferable. Health Canada held an online consultation in 2017 to seek feedback on restricting the marketing of unhealthy food and beverages to children. That was over six years ago. That consultation was open to the public, health organizations, industry and any interested stakeholders. At the House Standing Committee on Health at that time, the Liberals unfortunately amended Bill S-228 to reduce the age limit from under 17 years to under 13 years old. They also added a five-year legislative review, which is a prudent measure. According to UNICEF Canada, the proposed age cut-off of 17 was more likely than a younger age threshold to protect the most vulnerable from the harmful impacts of marketing. While there are different interpretations of children's evolving cognitive capacities, research suggests very strongly that not only are teens exposed to more ads than younger children and remember them better, but also that they have more means. Teenagers who are 15 and 16 years of age often have more expendable or disposable income, act in a more unsupervised manner and are more likely to purchase unhealthy foods than children under 13, yet I think, due to pressure from the industry, that threshold was reduced to 13. Although Bill S-228 did pass third reading in both the House and the Senate, unfortunately that bill died on the Order Paper due to a Conservative filibuster in the Senate prior to the 2019 federal election. That has left us where we are at today. I would also comment that the Liberal government has made a number of commitments since it was elected in 2015 that remain unfulfilled on this issue. The former Liberal health minister, in her 2019 mandate letter, was directed to “introduce new restrictions on the commercial marketing of food and beverages to children”. That was never followed through with. The current health minister's 2021 mandate letter instructed him to support “restrictions on the commercial marketing of food and beverages to children.” I suppose it can be said he is supporting that, in the sense that the government side is supporting this legislation, but we must remember there has been no action from the government. This is a private member's bill we are dealing with here, not a government bill. What is the result of the inaction? It is not benign. Each year, the Canadian food and beverage industry spends over $1.1 billion on marketing to children. This marketing appeals to children through product design, the use of cartoon or other characters, as well as fantasy and adventure themes, humour and other marketing techniques. Clearly these techniques work, with there being children as young as three years old who are brand aware and can recognize or name food and beverage brands. This marketing to children means that over 50 million food and beverage ads per year are shown on children's top 10 websites alone. Their personal identifying information is collected from websites and apps for the purposes of further targeting online marketing. Children in Canada are observing an estimated 1,500 advertisements annually, just on social media sites alone, and nearly 90% of food and beverages marketed on television and online are high in salt, sugars and saturated fat. That is what we as policy-makers are faced with in the current situation. Let us look at the facts. Poor nutrition and unhealthy food and beverage are key contributors to poor health in children. Good eating habits and avoidance of unhealthy food are key preventative elements of health policy. There is strong agreement among leading Canadian pediatric and allied health organizations that the impact of food and beverage marketing is real, significant and harmful to children's development. Marketing to children has changed dramatically in the last 10 to 15 years. Today it is a seamless, sophisticated and often interactive process. The line between ads and children's entertainment has blurred with marketing messages being inserted into places that children play and learn. Marketing of food and beverages to children in Canada is largely self-regulated by the same industries that profit from the practice. Research reveals that these voluntary measures are not working. Numerous studies have found strong associations between increases in advertising of non-nutritious foods and rates of childhood obesity. One study by Yale University found that children exposed to junk food advertising ate 45% more junk food than children not exposed to such advertisements. In Canada, as much as 90% of the food marketed to children and youth on TV and online is unhealthy. Three-quarters of children are exposed to food marketing while using their favourite social media applications. Again, the majority of those ads is for unhealthy foods that are ultraprocessed and beverages that are high in saturated fats, salt and sugar. This does not just affect children. Canadians are the second-largest buyers of ultraprocessed foods and drinks in the world, second only to the Americans. The result is that nearly one in three Canadian children is overweight or obese. The rise in childhood obesity in recent decades is linked to changes in our eating habits. Overweight children are more likely to develop health problems later in life, including heart disease, type 2 diabetes and high blood pressure. Children are uniquely vulnerable to marketing manipulation until the point that they achieve two specific information-processing skills. The first is the ability to perceive the difference between commercial and non-commercial content, and the second is the ability to understand the persuasive intent behind advertising. Before the age of five, most children cannot distinguish ads from unbiased programming. Children under eight do not understand the intent of marketing messages, and they believe what they see. By age 10 to 12, children do understand that ads are designed to sell products, but they are not always able to be critical of these ads. Canada needs to get in step with other countries in the world. Other jurisdictions have since adopted similar legislation, including Norway, the United Kingdom and Ireland. By the way, my Conservative colleague was questioned about Quebec earlier and the impact of their legislation, which has restrictions on advertising to children. Here are the facts: Quebec's restrictions on advertising to children have been shown to have a positive impact on nutrition by reducing fast food consumption by 13%. That translates to 17 million fewer fast food meals sold in the province and an estimated 13.4 million fewer fast food calories consumed per year. Quebec has the lowest rates of obesity among five- to 17-year-olds in the country, as well as the highest rates of vegetable and fruit consumption in Canada. That is relative to every other province. Now, it is true that childhood obesity rate are rising everywhere, but I think the effect of this marketing is quite clear, which is that it has slowed the rising obesity and unhealthy consumption of food marketing in Quebec, partially at least because of their early and, I think, progressive adoption of legislation before the House now. I would also point out that Quebec has prohibited all commercial advertising targeting children under the age of 13 since 1980, so it is very clear that it is the time for the rest of the country to get in step with this. I think most of us in here are parents, have siblings who are parents, or maybe intend to be parents at some point. Certainly, we were all once children. It should be non-controversial to say that marketing of unhealthy products to our children in this country should be something that we are vigilant on and that we should act to prohibit. I urge all my colleagues to support this legislation before the House today.
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Mr. Speaker, I would like to congratulate my hon. colleague for this bill, which we will be supporting. My question concerns the age. My colleague referred to Senator Greene Raine's bill from 2016, which would have prohibited marketing to children under 17 years of age. At that time, the Liberals, her colleagues, at the health committee amended that bill to reduce the target age from 17 to 13. According to UNICEF, the proposed cut-off of 17 was more likely than a younger age threshold to protect the most vulnerable from the harmful impacts of marketing. We know that teens are exposed to more ads than younger children and that they remember them better. Is my colleague interested in watching to see if the food manufacturers target more ads at 14-year-olds to 17-year-olds, and does she agree with the NDP that we have to be very vigilant to protect those children as well from this kind of marketing?
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Madam Speaker, I am pleased to rise today and support this bill at second reading, Bill C-252, which would amend the Food and Drugs Act to prohibit marketing foods and beverages that contribute to excess sugar, saturated fats or sodium in children's diets in a manner that is directed primarily at persons who are under 13 years of age. Poor nutrition and unhealthy food and beverages are key contributors to poor health in children. Good eating habits and avoiding unhealthy food are key preventative elements of health policy, not only for our children but for generations to come. New Democrats have been calling for a ban on junk food advertising targeted at children for many years. We believe that it is wrong to let wealthy corporations manipulate our children's eating habits, particularly to the detriment of their health. New Democrats want every child in Canada to develop a healthy relationship to nutrition and the foods they consume. We are calling for the establishment of a national school nutrition program to give every student access to healthy, nutritious food and to make healthy eating a daily lesson for our kids. The data is clear. Numerous studies have found strong associations between increases in advertising of non-nutritious foods and rates of childhood obesity. One study by Yale University found that children exposed to junk food advertising ate 45% more junk food than children not exposed to such advertisements. In Canada, as much as 90% of the food marketed to children and youth on TV and online is unhealthy. By way of background, there is strong agreement among leading Canadian pediatric and allied health organizations that the impact of food and beverage marketing is real, significant and harmful to children's development. Marketing to children has changed dramatically in the last 10 to 15 years as well. Today, it is a seamless, sophisticated and often interactive process. The line between ads and children's entertainment has blurred with marketing messages being inserted into the places that children play and learn. Three-quarters of children in Canada are exposed to food marketing while using their favourite social media applications. Canadians are the second-largest buyers of ultraprocessed foods and drinks in the world, second only to, of course, the Americans. To give members an idea of how epidemic this problem is, nearly one in three Canadian children is overweight or obese. The rise in childhood obesity in recent decades is linked to changes in our eating habits. Overweight children are more likely to develop health problems later in life, including heart disease, type 2 diabetes and high blood pressure. Canada's New Democrats, as I have said, have advocated for a ban on unhealthy food and beverage marketing to children for a long time. In 2012, my colleague from New Westminster—Burnaby introduced legislation to expressly prohibit advertising and promotion for commercial purposes of products, food, drugs, cosmetics or devices directed to children under 13 years of age. As members can see, this is a much broader prohibition that would protect our children not only from unhealthy food but from being preyed upon by multinational corporations who would take advantage of their youth. Quebec has prohibited commercial advertising that targets children under the age of 13 since 1980. Other jurisdictions have since adopted similar legislation, including Norway, United Kingdom, Ireland and Sweden. Quebec's restrictions on advertising to children have been shown to have a positive impact on nutrition by reducing fast food consumption by 13%. This translates to 16.8 million fewer fast food meals sold in that province and an estimated 13.4 million fewer fast food calories consumed per year. Quebec also has the lowest rates of obesity among five- to 17-year-olds as well as the highest rates of vegetable and fruit consumption in Canada. In 2016, Senator Nancy Greene Raine introduced the child health protection act that was S-228. That legislation would have banned the marketing of unhealthy food and beverages in a manner that is primarily directed at children under 17 years of age, a higher age than this bill would set. At the House Standing Committee on Health, the Liberals amended Bill S-228 to reduce the age limit from under 17 years old to under 13 years old and they added a five-year legislative review. Although Bill S-228 passed third reading in both the House and the Senate, unfortunately that bill died on the Order Paper when Parliament was dissolved for the 2019 federal election. Again, Bill C-252 is similar to that Senate bill, with the following key differences. Again, the current bill would set the age that would prohibit advertising at under 13 years of age, where the Senate bill was under 17 years of age. There is also a change in definition. The current bill says, “no person shall advertise foods and beverages that contribute to excess sugar, saturated fats or sodium in children’s diets in a manner that is directed primarily at persons who are under 13 years of age.” The Senate bill just said, “no person shall advertise unhealthy food in a manner that is directed primarily at children.” Finally, of course, this bill before us today has, once again, a five-year review that would focus on whether, after this bill became law, there was an increase in the advertising of foods and beverages that contribute to excess sugar, saturated fats or sodium in children's diets in a manner that is directed primarily at persons who are 13 to 16 years of age. I want to pause for a moment there and make a comment on that. There is a healthy debate on this bill about what the proper age should be set at. Again, the Senate bill was more ambitious and said not to let advertisers advertise to children under 17. This is under 13, and one of the concerns, of course, is that advertisers, who are extraordinarily sophisticated as we are talking about large multinational multi-billion dollar conglomerates that make a lot of money peddling chocolate, sugary beverages, etc., to children, will instead shift and focus their advertising on 14- to 17-year olds. I think this is a healthy way to compromise, by having a study that would monitor it carefully to see if, in fact, that does happen, because if it does then this House could then adjust our legislation in five years on an empirical basis to cure that mischief. The previous health minister's mandate letter did direct her to “introduce new restrictions on the commercial marketing of food and beverages to children”. The current health minister's 2021 mandate letter instructed him as well to support “restrictions on the commercial marketing of food and beverages to children.” The Liberal 2021 platform pledged to “Introduce new restrictions on the commercial marketing of food and beverages to children and establish new front-of-package labelling to promote healthy food choices.” We are happy, then, to see this legislation before the House. Unfortunately, it is done through private members' legislation and not, as stated repeatedly in the mandate letters and in the Liberal platform, by the government itself. No matter; as long as it passes, that is what is important. However, it is curious that the current LIberal government has not kept its word in its mandate letters and in its platform, and introduced legislation itself. Industry organizations, including the Association of Canadian Advertisers, the Canadian Beverage Association, Food and Consumer Products of Canada and Restaurants Canada, have called legislation like this a “significant overreach”. They claim that legislation like this would lead to serious consequences for the economy. On the other side of the coin, Canadian pediatric, child advocacy and other health experts are strong supporters of this bill. New Democrats want to stand unambiguously on the side of child health and welfare, not corporate profits. We want children to develop a healthy relationship to nutrition and the foods they consume, rather than being manipulated by sophisticated marketing campaigns, especially when it would affect their health. Over 120 organizations and children's health advocates across Canada have called on the current government to restrict food and beverage marketing to kids. The Stop Marketing to Kids Coalition is governed by 12 steering committee member organizations. They range from the Heart and Stroke Foundation to the Childhood Obesity Foundation, the Canadian Dental Association, the Canadian Cancer Society, Diabetes Canada and Dieticians of Canada. The pervasive marketing of unhealthy foods is a contributing factor to the growth of childhood and adolescent disease. Sex and gender differences come into play in the design of and responses to these marketing strategies, contributing to the perpetuation of stereotyped behaviour and generating disparities in food choices and health. This particularly hurts girls. Studies have demonstrated that this intervention, as is presented in this bill, would result in both overall cost savings and improved long-term health outcomes, with the greatest benefits of all to the most socio-economically disadvantaged. Let us do this for our children.
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