Discover the truth from the food industry's arguments on marketing to kids.
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Since 2006, the Collectif Vital has been monitoring food and beverage advertising practices that target children. The Weight Coalition has a mandate to report practices that appear to violate the law.
Over the years, the Collectif Vital has filed more than 80 complaints against ads that appear to violate the Consumer Protection Act.
Here is an overview of the complaints filed. For more information on the complaints filed, contact us at info@collectifvital.ca.
In recent years, the Collectif Vital has filed several complaints against Slush Puppie. According to the Weight Coalition, the company's displays are in violation of the CPA, as they feature a child mascot and are often strategically positioned.
The sponsorship of the Quebec Winter Carnival, a family event, was not dark. However, the CPA allows sponsorships as long as they are dark. Thus, the Collectif Vital filed a complaint to this effect in 2015.
According to the Collectif Vital, the Ficello website should be banned under the CPA. It invites children to interact with the mascot through playful games. Following the Collectif Vital's filing of the complaint in 2020, the website was removed.
Bad Monkey's distribution of free popcorn outside an elementary school led to the filing of a complaint by the Collectif Vital.
In 2021, the Collectif Vital filed a complaint against a Bear Paws television commercial featuring a child mascot that exploits the parent-child relationship, among other things.
As a result of the complaints filed by the Collectif Vital, the Office de la protection du consommateur (OPC) took legal action against certain companies, which ended in guilty pleas.
llegal marketing to children: coloring pages and Rice Krispies crafts at www.ricekrispies.ca.
Date: 25 February 2015.
Description: Rice Krispies cereal is getting a lot of attention from kids. The coloring pages on the Rice Krispies site feature the branded children's characters, as well as a blue banner at the bottom of the drawings featuring the name of the cereal and the Kellogg's company. The craft card game also features the branded characters, in addition to the brand's web address.
These coloring pages and crafts can be accessed through the "Kids' Games" tab, visible on the site's homepage. Finally, party hats in Rice Krispies colors featuring the characters Cric, Crac and Croc wishing "Happy Birthday" are printable from the "Plan the Party" section of the "Kids' Games" tab.
The website is accessible at all times and the company does not take any action to discourage children under 13 from accessing it.
Impact of this guilty plea: The OPC initiated criminal proceedings against Kellogg Canada Inc. which resulted in a guilty plea. The company paid a fine in the amount of $9,389. The website has been modified.
Date: October 2015.
Description: the advertisement is located in a water play area, “Zone Fanta”, at the La Ronde amusement park. La Ronde is a place frequented by many children under the age of 13, and water games are very popular with younger children. Fanta is a sweet drink that appeals strongly to children, and in the water game, the brand is represented by several colorful, childlike characters having fun and drinking bottles of Fanta (product placement). What's more, the characters are placed at a height that is easily visible to children playing in the area and operating the mechanisms to activate the water. At the entrance to the Fanta zone, it is clearly indicated that wearing a diaper is compulsory.
The impact of this guilty plea: the spokesperson for Coca-Cola Canada, who collaborated with the OPC, explained that the zone was intended for an adult audience, that the company has long been committed to not promoting its products to children, and that it takes this commitment very seriously. The site has since been modified to comply with the law. Coca-Cola Ltd. paid a fine of $27,664.
Date: June 19, 2012.
Description: TV ad aired on Teletoon, during the show “Hot Wheels: battle force 5”. Maple Leaf® Top Dogs® are a food not exclusively intended for children under thirteen, but with a strong appeal to them. At the end of the message, it is even stated that they are “a delight for children”.
The impact of this guilty plea: Teletoon is headquartered in Ontario. This is its first guilty plea recognizing that the ban on advertising to children applies even when the broadcaster is located outside Quebec. It also confirms that non-Quebec companies advertising in Quebec must comply with Quebec law. Found guilty on five counts, Maple Leaf Foods Inc. was acquitted of a $10,000 fine.
Date: July 20, 2009.
Description: Self-promotional footage on the Movie-Gift program and "Chicken McNuggets®" product commercials.
Impact of this guilty plea: McDonald's notoriety and admission of guilt gave the case high visibility, despite the start of the vacations. This particular case drew attention to the importance of the provisions of the Consumer Protection Act, which prohibit advertising to children.
Following its guilty plea to the six charges laid by the OPC, a fine of $12,000 was imposed on the multinational.
Date: May 8, 2009
Description: Advertising messages accompanying toy figurines given to children with the purchase of a meal.
Impact of the guilty plea: First restaurant chain to recognize that it was advertising by associating its image with toy figurines given to children with the purchase of a meal.
Date: February 25, 2009
Description: Invitation on boxes of Lucky Charms sweetened cereals to visit the product’s website, which contained advertising, games and animated cartoons intended for children.
Impact: First guilty plea recognizing that the prohibition on advertising to children applies to the Web: dissuasive effect on the industry bringing about changes in practices on certain websites, based on a review carried out by the Coalition before and after the case.
Date: January 26, 2009
Description : Distribution of promotional bags containing promotional items (CD, posters, stickers, Igor muffins and discount coupons) to promote Igor muffins in more than 230 Quebec childcare centres in early 2007.
Impact: First guilty plea since adoption in 1978 of the provisions of the Quebec Consumer Protection Act that prohibit advertising directed at children under 13 years of age and confirmation that the scope of the law covers promotional items associated with a brand.
Date: April 29, 2009
Description: Organization of the Saputo Igor muffin advertising campaign.
Impact: First advertising agency to plead guilty in connection with an advertising campaign of the sort directed at children under 13 years of age. Gained awareness by advertisers of their responsibility regarding children’s health.
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