Advertising to kids in Quebec no picnic

In recent months, both Campbell Soup Company and Kellogg Canada have been compelled to discontinue educational programs running in Quebec schools. Both companies had, unwittingly, contravened provincial legislation on advertising to children. Quebec’s regulations in this area are especially stringent, and have tripped up more than a few advertisers in the past. For this report, Strategy asked youth marketing experts Nathalie Rivard, president and founder of Caktus Communications (www.caktus.com), and Pascale LeBlanc, president of Youthopia Communications (www. youthopia.com), to offer a guide to understanding the legislation.

In Quebec, advertising to children under 13 is a challenging proposition. Given the controversy generated recently by the Campbell Soup and Kellogg school programs, many marketers are probably wondering how they can avoid running into similar difficulties.

There are two pieces of legislation to consider in this context. The first: Sections 248 and 249 of Quebec’s Consumer Protection Act, which deal with all issues related to advertising aimed at kids under 13. The second: La loi sur l’instruction publique, which deals specifically with in-school sponsorship and advertising.

The intent of this legislation? To protect children in Quebec by prohibiting advertising aimed at them.

Some history: In May 1980, the provincial government responded to abuses on the part of advertisers by creating Quebec’s Consumer Protection Act, as well as a new body responsible for enforcing that law – the Consumer Protection Office.

How do you determine whether an advertisement complies with the law? According to Section 249, the context must be taken into account – in particular, the nature and intended purpose of the goods advertised, the manner in which the advertisement is presented, and the time and place where it is shown.

Obviously, oversights can happen. There are, however, information resources designed to help marketers familiarize themselves with the obligations created by the government ban on advertising to children. The Application Guide for Sections 248 and 249 (Advertising Intended for Children Under 13 Years of Age) – which explains what the law means and how, in practical terms, it should be interpreted – is particularly helpful.

The ban on advertising to children covers all media. While the Internet and other forms of interactive media were not in widespread use when the Act was introduced and are not mentioned specifically in the wording, the Consumer Protection Office considers them to be covered by both the spirit and the letter of the law – and is now looking at including new media explicitly within the legislation.

Is there a possibility that your commercial message could be deemed impermissible? Much depends, obviously, on the nature of the product or service. Is it something that is intended exclusively for children, or that has a marked appeal for them? Is it a family product that children may use? If you answer "yes" to these questions, then you would be well advised to consult the Application Guide, or a lawyer specializing in advertising law.

Robert Legault, a partner with Montreal law firm Legault-Joly (www.legault-joly.com) is one such specialist. His advice for advertisers trying to stay on the right side of the law? Direct the content of your ads to both parents and children, and avoid making it too appealing to children. (In the case of a cereal brand, for example, this might mean concentrating on issues such as nutritional value and health impact.)

Another important factor is where and when the advertising appears. Television commercials directed mainly at children may only be broadcast in programs for which children make up less than 5% of the audience. Commercials directed partly at children may only be broadcast in programs for which children make up less than 15% of the audience. Commercials for family-oriented products such as shampoo, toothpaste and skin cleansers, as well as certain cereals, desserts and games, are considered to have no appeal for children.

Advertising to children is exempted from the law if it is published in a magazine or an insert – provided that this editorial product is sold (rather than given away) and is issued at intervals of no more than three months. (The idea here is to prevent an advertiser from producing an annual "magazine" to promote its products during, say, the Christmas season.)

Certain exemptions apply to advertisements that promote a program or show directed at the children’s market. Non-commercial advertising, in the form of educational or public service messages, is also allowed. In such cases, however, it is important to consult the Application Guide to determine whether your advertising fits the relevant definitions.

Advertisers sponsoring in-school programs, meanwhile, face a whole different set of issues. If you are considering such an initiative, be sure that you understand all the implications of the Loi sur l’instruction publique. Kellogg and Campbell Soup were pressured by parents and the media to drop their programs because they ran counter to the provisions of the legislation, which prohibits commercial solicitation in Quebec schools. In both cases, the programs were said to be encouraging purchase by calling on youngsters to bring in UPC symbols – an absolute no-no under the regulations.

For those advertisers seeking a better understanding of the current legislation, the Quebec Ministry of Education has published a free brochure, which is available online at www.meq.gouv.qc.ca/publications/publicit/m_inter.htm.

Agencies working in Quebec with advertisers from the U.S. or other provinces should make a point of informing their clients about the legislation and its implications. Obviously, the best way for an advertiser to position its brand successfully and steer clear of the pitfalls is to respect the law. If you don’t have a copy of the Application Guide, get one. More information on Quebec’s Consumer Protection Act and its regulations can also be found by visiting the Web site of the Consumer Protection Office, at www.opc.gouv.qc.ca.

Also in this report:

– Those cool Chupa Chicks: Chupa Chups’ grassroots efforts to lick Canada has edgy scooter girls taking to the streets and talking up the club crowd p.B2

– Labatt employs dry humour: Moderation campaign relies on insights from student target p.B4

– Dentyne Ice locks lips with youth target: Has built ongoing campaign on theme of anticipating first kiss p.B14

– Grads more valuable than you know p.B15

Cannes Lions 2025: Canadians nab more medals on final festival day

Strategy is on the ground in Cannes, bringing you the latest news, wins and conference highlights all week long. Catch all the coverage here.

Friday’s batch of Silver and Bronze winners included the oldest category at the Cannes festival, Film, as well as Sustainable Development Goals, Dan Wieden Titanium, Glass: The Lion for Change and Grand Prix for Good. Canadians were recognized with four Lions today: two Silver and a Bronze in Film, as well as a Bronze in Sustainable Development Goals.

FCB Toronto was given yet another nod for its work, “The Count,” for SickKids, bringing the medal count for that campaign to four, including a Gold for Health & Wellness. Another Canadian agency recognized on the final day of the festival was Klick Health Toronto, which earned a Silver in Film for its work “Love Captured” for Human Trafficking Awareness and a Bronze for “18 Months” for Second Nurture. And over in Sustainable Development Goals, the Bronze went to Publicis Canada and its “Wildfire Watchtowers” work for Rogers.

Another massive win for Canada included not one, but two Young Lions (pictured above) taking home medals in the annual competition. In Design, the Gold Young Lion was awarded to Rethink’s senior motion designer Jesse Shaw and ACD Zoë Boudreau. The second, a Bronze in Media, went to Cossette Media’s business intelligence analyst Samuel David-Durocher and product development supervisor Tristan Bonnot-Parent.

Film (2 Silver, 1 Bronze)

1 SILVER: “The  Count” by FCB Toronto for SickKids Foundation

“The Count,” a striking campaign from FCB Toronto for SickKids Foundation, has earned 1 Gold, 2 Bronze and now 1 Silver for Film at Cannes. If you watch it, it’s easy to see why. The collaboration between brand and agency honoured the hospital’s “VS” platform, while steering it in a new direction from its initial development by previous AOR Cossette. The creative celebrates childhood cancer patients who have to fight for every birthday, while honouring the hospital’s own milestone – 150 years and counting.

 

1 Silver: “Love Captured” by Klick Health Toronto for The Exodus Road

Klick Health Toronto added to its medal tally with a Silver in Film for it’s work “Love Captured” for The Exodus Road. The creative features a romantic getaway that isn’t what it seems in an experiential short film for the global anti-trafficking organization. The experience takes viewers through a tragic and twisting experience of exploitation.

 

1 BRONZE: “18 Months” by Klick Health Toronto for Second Nurture

Klick Health Toronto also won a Bronze in the Film category for its work, “18 Months,” done for the charity organization Second Nurture. The animated film is based on a real-life story in which a same-sex couple adopts a baby found in a subway station, and the 18-month journey into a story of hope.

Sustainable Development Goals (1 Bronze)

1 BRONZE: “Wildfire Watchtowers” by Publicis Canada for Rogers

Publicis Canada landed on the winners board for its work, “Wildfire Watchtowers,” for Rogers. The Canadian-developed wildfire-detection tech – which has been billed as “a fire alarm in the forest” – uses AI-powered sensors installed on 5G towers to monitor vast remote areas in real time. By scanning, identifying and reporting early signs of wildfires (up to 16 minutes faster than other systems), the technology helped prevent 54 fires in 2024 alone.

Catch the Gold winners later today when they’re revealed at the gala in Cannes.