Bill C-252: An Act to amend the Food and Drugs Act (prohibition of food and beverage marketing directed at children)

Short Title Short title 1 This Act may be cited as the Child Health Protection Act . R.‍S.‍, c. F- 27 Food and Drugs Act 2 The Food and Drugs Act is amended by adding the following after section 7: Advertising directed at children 7. 1 Subject to the regulations, no person shall advertise prescribed foods that contain more than the prescribed level of sugars, saturated fat or sodium in a manner that is primarily directed at persons who are under 13 years of age. Trademarks 7.2 (1) Despite the Trademarks Act , the registration of a trademark shall not be held invalid on the basis of paragraph 18(1)‍(b) or (c) of that Act as a result of compliance with this Act or any regulations made under it for the purposes of section 7.‍1. For greater certainty (2) For greater certainty, the absence of use of a trade-mark as a result of compliance with this Act or any regulations made under it for the purposes of section 7.‍1 constitutes special circumstances that excuse the absence of use for the purposes of the Trademarks Act . Review by committee 7. 3 Before the fifth anniversary of the day on which sections 7.1 and 7.2 come into force, those sections are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing their effect. The review is, in particular, to focus on whether there is an increase in the advertising of foods referred to in section 7.1 in a manner that is primarily directed at persons who are 13 years of age or older but less than 18 years of age. 3 The Act is amended by adding the following after paragraph 30(1)‍(e): (e.1) for the purposes of section 7.‍1, setting out the factors to be considered in determining whether foods referred to in that section are advertised in a manner that is primarily directed at persons who are under 13 years of age; (e.2) limiting the forms of advertising to which section 7.1 applies; (e.3) defining “sugars” and “saturated fat” for the purposes of section 7.1; Coming into Force Order in council 4 This Act comes into force on a day to be fixed by order of the Governor in Council.