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Administration of the Children’s Food and Beverage Advertising Code
(Previously named the Code for the Responsible Advertising of Food and Beverage Products to Children)
Ad Standards administers the Code for the Restriction of Food and Beverage Product Advertising to Children (Children’s Food and Beverage Advertising Code). This is done in several ways:
- Pre-clearance Services
Compliance with the Children’s Food and Beverage Advertising Code is mandatory for all of industry. To help reduce the risk of running ads that do not meet its requirements, we recommend advertisers to submit all food and beverage advertising to Ad Standards for preclearance under this code.Each advertisement is reviewed by two analysts to ensure thoroughness and consistency. Advertisements are assessed for compliance with the Children’s Food and Beverage Advertising Code and in accordance with the Guide.This review is in addition to review for compliance with the food regulatory regime, if submitted under that clearance division by the advertiser. For broadcast advertising, any child-directed commercial also requires clearance from the Children's Advertising Clearance Committee.Advertising that does not comply with the Children’s Food and Beverage Advertising Code will not be approved. If Ad Standards rejects an advertisement or requests a resubmission, advertisers may need to revise the manner of presentation or proposed time and place of the ad to obtain approval.
- Complaint Response and Compliance Reporting
Complaints received will be adjudicated by Ad Standards. For ads approved by Ad Standards Clearance Services under the Code and Guide, complainants will be advised that the ads are compliant with the Children’s Food and Beverage Advertising Code, and no further action will be taken.All other complaints will be adjudicated in accordance with the complaints procedure for food and beverage advertising to children and noncompliance may be publicly reported.
- Adding New Nutrient Criteria for Eligible Specific Foods
Under the Children’s Food and Beverage Advertising Code, advertising for a food or beverage product may not be primarily directed to children under 13 unless the product meets the nutrition criteria set forth in Appendix A (the “Restriction”). Appendix A sets out general criteria that apply to most foods and beverages.Section 3 of Appendix A of the Children’s Food and Beverage Advertising Code also allows for specific select foods or beverages to develop unique nutrition criteria provided the rationale for doing so is grounded in science and is evidence-based. The rationale can include the following: (a) the food/beverage is a staple food in the diets of Canadian children; (b) the food/beverage is recognized by Health Canada as an important food vehicle in delivering essential vitamins and minerals in children’s diets; and (c) the food/beverage is required by Canada’s Food and Drug Regulations to be enriched/fortified with prescribed levels of vitamin and minerals. Ad Standards will consider submissions from manufacturers or industry associations of specific food/beverage products or categories that qualify under these criteria. It is anticipated that very few submissions will be considered or accepted.
When a submission is received for consideration of unique nutrient criteria, Ad Standards will follow this process:
a) A rationale that is science and evidence-based along with the proposed unique nutrient criteria should be submitted to Catherine Bate, President and CEO at Ad Standards. This rationale should be signed by more than one manufacturer or by an industry association.
b) Ad Standards will share the proposed nutrient criteria and rationale for the input of the four primary industry associations responsible for the development of the Children’s Food and Beverage Advertising Code, namely: the Association of Canadian Advertisers (ACA), the Canadian Beverage Association (CBA), the Food, Health & Consumer Products of Canada (FHCP), and Restaurants Canada.
c) If the submission appears to meet the required criteria, Ad Standards will submit the proposed criteria to Health Canada and allow a 30-day period for questions or comments before incorporating the new nutrient criteria into the Children’s Food and Beverage Advertising Code.
d) If Health Canada provides questions or comments, before or after that 30-day period, the submitter of the proposed nutrient criteria will respond to such questions/comments and will keep Ad Standards informed of all related communications.