Summary#

This bill amends the Food and Drugs Act to restrict advertising of certain foods to young children. It bans advertising of prescribed foods that exceed set levels of sugars, saturated fat, or sodium when the ad is primarily directed at children under 13. Details (which foods, ad formats, and thresholds) will be set later by regulation. The law also protects trademarks if companies stop using child‑directed branding to comply, and requires a review within 5 years of coming into force.

• Bans child‑directed ads for “prescribed” foods above set sugar, saturated fat, or sodium limits (new Food and Drugs Act s.7.1).
• Government will define what counts as “primarily directed at” under‑13 audiences and may limit which ad formats are covered (s.30(1)(e.1)-(e.2)).
• Government will define “sugars” and “saturated fat” for this purpose (s.30(1)(e.3)).
• Trademarks are protected from loss or non‑use claims due to compliance (s.7.2).
• A parliamentary committee must review the law within 5 years, with a focus on any shift of marketing to ages 13–17 (Review clause).
• Takes effect on a date set by the Governor in Council; no date in the bill (Coming-into-force).

What it means for you#

• Households

  • Ads that are primarily aimed at children under 13 for covered foods will be prohibited once the law and regulations take effect (s.7.1; s.30(1)(e.1)-(e.3)). Start date: to be set by the Governor in Council (Coming-into-force).
  • The bill does not change what foods can be sold or their prices. It addresses marketing only (s.7.1).

• Children and teens

  • Children under 13: Reduced exposure to marketing of foods that exceed set limits for sugars, saturated fat, or sodium, in media or settings primarily directed at them (s.7.1; s.30(1)(e.1)).
  • Ages 13–17: Not directly covered. Parliament must review within 5 years to see if marketing shifts to this age group (Review clause).

• Food and beverage companies and restaurants

  • You will need to stop advertising covered foods in ways primarily directed at under‑13 audiences once in force (s.7.1).
  • What counts as “primarily directed at” and which ad formats are in scope will be defined by regulation; government may limit the forms of advertising covered (s.30(1)(e.1)-(e.2)).
  • If you remove child‑directed branding or uses to comply, your trademarks will not be penalized for non‑use; non‑use due to compliance counts as “special circumstances” (s.7.2).
  • Compliance date is not set yet; it begins on the date fixed by the Governor in Council (Coming-into-force).

• Advertisers, media, and platforms

  • You will need to avoid placing covered food ads in content or venues primarily directed at children under 13, once regulations define the tests and the law is in force (s.7.1; s.30(1)(e.1)).
  • The government may limit which advertising forms the ban applies to (e.g., specific media types), to be set by regulation (s.30(1)(e.2)). The bill’s preamble signals intent to address digital, online content, and endorsements broadly (Preamble).

• Retailers and sponsors

  • In‑store, event, or sponsorship promotions that are primarily directed at under‑13 audiences may be restricted if included by regulation (s.7.1; s.30(1)(e.1)-(e.2)).
  • Plan for changes to kid‑focused displays, characters, or promotions once regulations are published and the law takes effect.

Expenses#

Estimated net cost: Data unavailable.

• No direct appropriations are included in the bill (Bill text).
• No taxes or fees are created by the bill (Bill text).
• Government costs to develop regulations, monitor, and enforce are not provided. Data unavailable.
• Business compliance costs (e.g., changing ads, packaging, placements) are not provided. Data unavailable.

Proponents' View#

• Reduces children’s exposure to marketing of foods high in sugars, saturated fat, or sodium, which the bill’s preamble links to negative health outcomes and cites as having “unequivocal evidence” of impact per the WHO Commission (Preamble).
• Moves beyond voluntary industry codes, which the preamble says have not stopped widespread marketing to children (Preamble).
• Designed to cover modern marketing channels, including online and endorsements, reflecting how advertising now reaches children (Preamble; s.30(1)(e.2)).
• Provides trademark certainty so businesses are not punished for complying (s.7.2).
• Builds in accountability through a mandatory 5‑year review, with a focus on displacement to ages 13–17 (Review clause).
• Allows clear regulatory tests for when an ad is “primarily directed at” under‑13 audiences (s.30(1)(e.1)).

Opponents' View#

• Key details are deferred to regulations (what foods are “prescribed,” thresholds, media covered), creating uncertainty and possible overreach until rules are published (s.7.1; s.30(1)(e.1)-(e.3)).
• Compliance could affect revenue for broadcasters, platforms, sponsors, and agencies that sell child‑directed ads; costs are not estimated (Data unavailable).
• Enforcing a standard based on whether an ad is “primarily directed at” under‑13 audiences can be complex, especially online and across borders (s.7.1; s.30(1)(e.1)).
• Marketing may shift to target teens 13–17 rather than decline overall; the bill anticipates this risk and calls for review, implying displacement is a concern (Review clause).
• Depending on how regulations define covered formats, general‑audience advertising that reaches mixed ages could be chilled to avoid risk (s.30(1)(e.1)-(e.2)). Assumption: depends on regulatory thresholds and tests.
• The option to “limit the forms of advertising” covered may lead to uneven rules across media and disputes over what is in scope (s.30(1)(e.2)).