NEW: Ad Standards’ Updated Code For Food & Beverage Advertising To Children

Recently, Ad Standards Canada published the updated Code for the Restriction of Food and Beverage Product Advertising to Children (the “Updated Code”), replacing the earlier Code for the Responsible Advertising of Food and Beverage Products to Children.

The Updated Code maintains the general prohibition against advertising of food and beverage products directed to children under 13 years of age (with limited exceptions for foods that meet set nutrition criteria). The updates to the Code now allow a broader range of individuals to file complaints and introduce public reporting of non-compliance cases.

What ‘directed at children’ means

To begin, it is important to understand how Ad Standards defines advertising “to children”. The Updated Code maintains three criteria to determine whether an advertisement is directed to children:

1. The nature of the food or beverage product advertised;
2. The manner of presenting such an advertisement; and
3. The time and place it is shown.

Ad Standards’ analysis will consider each of these three factors together. For instance, a candy advertisement may appeal to both adults and children. In such cases, Ad Standards will examine how the message is conveyed. If the ad is set at a child’s birthday party, it is more likely to be considered primarily targeted at children. The final determination is then informed by the context in which the advertisement is delivered, namely its timing, placement and audience environment. For example, an ad presented on an age-gated website is unlikely to be perceived as directed at children, compared with one that takes place during the ad break of a cartoon. See the companion Guide for the Restriction of Food and Beverage Product Advertising to Children for more examples.

To better understand what may be considered as directed at children, further insights can be drawn by analogy from other Canadian regulatory frameworks such as the CRTC’s Code for Broadcast Advertising of Alcoholic Beverages. For example, alcohol advertising must not be directed at anyone under the legal drinking age, and cannot include elements such as:

• Depictions of children, children’s toys, clothing, or playground/wading‑pool imagery;

• Use of mythical figures appealing to children such as Santa Claus or the Tooth Fairy;

• Endorsements by role models to minors a status which persists for 10 years after retirement.

What’s new and important

Enforcement Changes

The Updated Code has expanded upon and clarified Ad Standards’ enforcement measure in two significant ways:

• Who can complain: The scope of who can submit complaints on advertisements has been expanded. Complaints may now be submitted not only by members of the public and fellow advertisers, but also by competitor advertisers, advocacy groups, and government departments or agencies. This expansion increases the likelihood that non-compliance will be reported.

• Consequences of non-compliance: As in the 2023 version, advertisements found to be non-compliant must be amended or removed without delay. As is the case for Ad Standard’s Code of Advertising Standards, the Updated Code now provides that all non‑compliant advertising will be summarized in Ad Standards’ public reports. Advertisers will remain anonymous if they voluntarily amend the advertisement after being notified of a complaint, but only before a decision is issued.

For food and beverage companies, it is important to remain aware of these expanded rules around enforcement and compliance to make sure ad campaigns comply with the applicable rules and regulations. With more opportunities for complaints from additional parties and public reporting, non-compliance can risk reputational harm.

Removal of Breakfast Cereal’s Unique Nutrition Criteria

Lastly, in the past ready‑to‑eat cereals were subject to their own nutrition criteria for advertisement review, because it was difficult for nutrient‑dense cereals to meet the standard thresholds. However, the Updated Code has eliminated these special criteria. This change reflects the current situation, as major cereal companies have stopped all child‑directed advertising in Canada. Now, the same Code criteria apply to all foods and beverages equally.

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.