Senator Rosemary Moodie

Honourable senators, it’s an honour to rise today to address one of the most critical responsibilities we have as legislators: the health and well-being of our children. Bill C-252, with the short title the “Child Health Protection Act,” represents a pivotal opportunity to take meaningful action to foster healthier, more fulfilling lives for the next generation.

I want to extend my heartfelt gratitude to member of Parliament Patricia Lattanzio and Senator Dasko for their unwavering commitment and leadership on this bill. I also want to thank the Social Affairs Committee for their thorough examination of the bill’s provisions, as well as the expert witnesses and Canadians who shared their insights, experiences and concerns with us. Their voices have been instrumental in shaping the case for this essential legislation.

At its core, Bill C-252 seeks to cease the marketing of unhealthy foods and beverages to children under the age of 13 years, such as products laden with high sugars, saturated fats and sodium. This is not merely about regulating advertising, colleagues; it is about placing the health of our children above the profit margins of multi-million-dollar industries.

Why is this bill so important? Canadians know that cultivating healthy lifestyle choices in children is foundational to long-term health and well-being; yet marketing tactics used to target young children are not just persuasive — they are exploitative. Young children lack the neurodevelopmental capacity to critically evaluate advertisements. They cannot distinguish between marketing ploys and the actual nutritional value of a product. This makes them uniquely vulnerable to manipulative advertising designed to encourage unhealthy choices. The evidence is stark and undeniable.

During committee discussions we heard from Professor Potvin Kent, who shared insights from her recent study funded by the World Health Organization. This study revealed that children from 6 to 17 years of age are exposed to a staggering 4,000 food and beverage advertisement annually during just 30 minutes of daily mobile device use. Even worse, 87% of the products advertised fail to meet the Health Canada nutritional standards.

When combined with exposure to television, radio, outdoor billboards and retail displays — not to mention social media — the total number of advertisements becomes staggering. Even the most vigilant parents tirelessly promoting healthy eating are clearly outmatched by the relentless barrage of industry-driven marketing.

Professor Charlene Elliott from the University of Calgary referred to the Consumer Protection Act in Quebec, saying:

. . . it was premised on the basis that very young children could not recognize advertising intent. It is, per se, manipulative to market to them.

This insight underscores the ethical urgency of addressing the issue at hand today, colleagues. Professor Elliott’s research reveals that from 2009 to 2023, targeted marketing to children has not only increased, but, alarmingly, 97.5% of the products advertised to our children fail to meet Health Canada nutritional guidelines. Such advertisements promote higher levels of sugar, sodium and saturated fats and are purposely designed to influence young, vulnerable and impressionable minds.

Colleagues, I don’t have to say this to you, but this is clearly unacceptable.

Dr. Tom Warshawski from the Childhood Healthy Living Foundation highlighted the epidemic of overweight children and adolescents, emphasizing the role of targeted advertisements in driving the surge in obesity tied to diabetes, high cholesterol and hypertension. While these issues aren’t caused by advertising alone, it is undeniable that all unhealthy food and beverage ads significantly influence children’s choices, pushing them to crave and consume more unhealthy foods. The $1.1 billion spent annually on targeted advertising is a major driver of those concerning trends, and it’s time we recognize its harmful impacts and take action.

Type 2 diabetes, once virtually unheard of in children, has now reached epidemic levels, with Indigenous communities disproportionately affected. Indigenous families are increasingly targeted by advertisements for unhealthy food and beverages, contributing to poor nutritional choices and a higher risk of developing type 2 diabetes. A staggering 85% of Indigenous women are expected to develop type 2 diabetes in their lifetime, a statistic that highlights the long-term effects of unhealthy dietary habits formed early in life.

Hypertension — or high blood pressure, as we also know it — is also becoming increasingly common in children. It threatens not only heart health but also cognitive development and academic success. Unhealthy fat levels are placing even young children at risk of long-term cardiovascular diseases.

The consequences of poor nutrition are no longer confined to future health problems; children are already suffering from these conditions, underscoring the urgent need for action.

Colleagues, you may be wondering why Bill C-252 is necessary when the Association of Canadian Advertisers’ Code and Guide for the Responsible Advertising of Food and Beverage Products to Children already exists. This code, established in 2021 and revised in 2023, recognizes children as “. . . a special audience . . . .” and restricts the advertising of foods high in fat, sodium and sugars to children under 13 years of age. While the code is a step in the right direction, it falls short of what is needed to protect our children from the pervasive influence of unhealthy food advertising. Industry stakeholders attest that the code is mandatory; however, it is presented to the public as a self-regulatory guide. Also, in their descriptions of the code, industry websites and documents have pervasively used very permissive language by any standard. They use words like “can,” “may,” “voluntary” and “self-regulatory,” with no mention of the code’s supposedly mandatory nature.

Additionally, through consultation with industry stakeholders, the committee determined that the complaints-based supervision of the code by members of a voluntary organization, Ad Standards Canada, has led to no complaints being filed so far. In the case that a complaint is filed, there is no standardized process in place to determine consequences for the offending agent, and there are no monetary penalties. This leaves companies without real incentive to follow the code, even if they claim to. In fact, Professor Monique Potvin Kent presented evidence to the committee that companies that claim adherence to the code have committed more infractions than many that have not.

Given the lack of monitoring and regulation surrounding the code, there is no evidence to support the notion that the code is currently working. Thus, regulation on a federal level is necessary, because we cannot wait in the hopes that this voluntary code might somehow become successful.

Bill C-252 is better than the voluntary code. It will enshrine in law a clear legislative prohibition on advertising to children. Along with other regulations being proposed by Health Canada, Bill C-252 will open the door for robust monitoring and enforcement, including financial penalties, which the industry itself acknowledges it cannot levy.

The code, as it stands, does not identify children as vulnerable, voiceless or in need of protection. It simply identifies children as “. . . a special audience . . . .” But what does that mean? Further, there is no mention of children’s health in the code, and that is astonishing. The industry will always consider their bottom line above the needs of Canadian children and youth.

Despite evidence that Quebec’s advertising ban led to no stifling of economic activity, industry stakeholders remain concerned about the economic impact of this bill. However, we cannot allow profit motives to take precedence over the health of our children.

Colleagues, will the passing of this bill lead to the eradication of childhood obesity? Likely, it will not. It is well understood that the cause of this disease is multifactorial, and I’m not arguing against that. However, I believe the bill will reduce the amount of unhealthy food that Canadian children are consuming. It will make it easier for parents to steer their children toward healthier foods because they won’t have to compete with dynamic and colourful advertising presented quite deliberately to our children.

Through children consuming less unhealthy food, there will be a decrease in childhood obesity, diabetes, hypertension and high cholesterol. It will make our children healthier, and they will grow into healthier adults.

Even if you don’t agree with me, I want to put these questions forward: Are you certain of the efficacy and performance of the current industry code such that you are willing to risk the health and well-being of millions of Canadian children by opposing Bill C-252? Are you that certain that the voluntary code will do a better job than legislation?

Colleagues, Canadian children have an inherent right to be protected. This bill provides an opportunity to protect our children against exploitive marketing practices and prioritize their current and future health and well-being. The science is unequivocal.

The time to act is now. I urge you to fully support Bill C-252 and stand with Canadian families in creating a healthier future for our children.

Honourable colleagues, thank you for your time in hearing my perspective and for all your hard work in moving this bill through the Senate. I look forward to hearing from others and seeing this bill become law. Thank you, meegwetch.