program areas Digital Youth

Around the world citizens (link is external) and governments (link is external) are putting efforts toward limiting the marketing of unhealthy foods to children in order to address the growing obesity (link is external) epidemic worldwide. In the US, Congress and the Federal Trade Commission rely on weak self-regulatory industry standards, but under Canadian Prime Minister Justin Trudeau, the government of Canada wishes to see restrictions placed on the marketing of food and beverages to children. This was a goal written directly into the Health Minister's mandate letter (link is external) signed by Trudeau in October 2017. As a result, Health Canada, the department of the Canadian government with responsibility for national public health, is considering new regulations that would impose broader restrictions on food advertising that is targeted at those under 17. It could cover everything from TV, online and print advertising to product labelling, in-store displays and even end some sponsorships for sports teams. Health Canada's consultations (link is external) on how it should approach restricting advertising of "unhealthy food and beverages" to kids began in June of 2017 and concluded in early August last year. Although a few contributors opposed any attempt to restrict marketing to children, the summary report (link is external) states that "Overall, the proposed approach and supporting evidence for restricting marketing of unhealthy food and beverages to children were well received." The authors of the report point out that the "issue of age was not an area of inquiry," but most contributors supported the idea of including children between 13 and 17 years of age. Aiming to define "unhealthy foods," the consultation proposed to focus on restricting certain nutrients of concern (sodium, sugars, and saturated fats), and most commentators supported setting the stricter threshold option (of 5% ) for the proposed restrictions, which were based on a percentage of daily values (% DV). Commentators strongly preferred that option over the weaker proposal (15% DV). Using the percentage of daily values to define which foods are "healthy" or "unhealthy" relies on the already existing mandatory food labelling for most relevant foods. In addition to the proposal to restrict certain nutrients of concern, the proposed restrictions to the marketing of non-sugar sweeteners to children was also positively received. For the consultation, Health Canada looked at the Quebec ban (link is external) on advertising to children, which has been in place since 1980, and covers any advertising, not just food-related advertising. In that province, companies cannot market unhealthy food to children under 13 years old. Quebec has the lowest obesity rate (link is external) in Canada among children aged six to 11 and the highest rate of fruit and vegetable consumption. The Stop Marketing to Kids Coalition (link is external) (M2K Coalition), which includes the Heart and Stroke Foundation of Canada, the Childhood Obesity Foundation, the Canadian Cancer Society, Diabetes Canada, Dietitians of Canada, and the Quebec Coalition on Weight-Related Problems, supports the so-called Ottawa Principles (link is external). These evidence-based, expert-informed and collaboratively arrived principles call on governments to restrict the commercial marketing of all food and beverages to children and youth age 16 years and younger. Restrictions would include all forms of marketing with the exception of non-commercial marketing for public education. The M2K Coalition has taken this stance because of the complexities associated with defining healthy versus unhealthy food. The ad industry in Canada has some self-regulatory restrictions in place under the Canadian Children's Food and Beverage Advertising Initiative (link is external). That program, in which many major food companies are participants, sets out nutrition criteria for products that can be advertised in environments where kids under 12 make up 35 percent or more of the audience. The Association of Canadian Advertisers has criticized Health Canada's proposal as "significantly overbroad," calling it an "outright ban on most food and beverage marketing in Canada." The Canadian advertising initiative has tightened its criteria over time and is now monitoring online advertising more closely. 2016 was the first full year in which participating companies that advertise to kids had to ensure their products met new, tighter limits (link is external) on calories, sugar, sodium and saturated and trans fats. However, in 2017, a study (link is external) from the Heart and Stroke Foundation of Canada called into question how effective this effort has been. It looked at the most popular websites visited by children and teens, and found ads for products high in sugar, salt or fat. During the time that the Canadian government began to explore the right approach to restricting the marketing of unhealthy foods to children, Senator Nancy Greene-Raine introduced a private members bill in the Senate in the fall of 2016, seeking to amend the Food and Drugs Act to prohibit the marketing of unhealthy foods and beverages to children (Bill S-228). This would put the activities of Health Canada on a legal basis. The Senator amended the bill to reflect the federal government’s proposed approach on raising the age limit to age 16 and under and kept the focus on “unhealthy” food and beverages. Bill S-228, The Child Health Protection Act (link is external), unanimously passed the Senate in September 2017. Two amendments to the bill were introduced during the first hour of debate in the House of Commons in December 2017, which included a reduction in the age of protection to under 13 (from 17) years, and the introduction of a 5-year post-legislation review period. The rationale for the change in the age amendment was to make the bill more likely to withstand a court challenge, given that the Quebec legislation restricting marketing to children under 13 years withstood a legal challenge in the case of Irwin Toy v Quebec (1989). In this case, the Supreme Court of Canada allowed limits on commercial advertising to children under 13 as constitutionally valid. The Court confirmed that "...advertising directed at young children is per se manipulative." (link is external) And so, while the Court found that the restrictions violated the freedom of expression under the Charter of Rights and Freedoms, a majority of the Court considered this violation to be a justifiable limitation necessary to protect children. For now, the bill is working its way through Parliament. Hopefully, the food industry will not further water down the requirements of the bill. If all goes well, our neighbor to the north will have a law in place by September 2018 that will advance public health and put children's health above the profits of the food industry. --- See attached infographic.

WASHINGTON, DC – October 18, 2017—A number of brands of “smartwatches” intended to help parents monitor and protect young children have major security and privacy flaws which could endanger the children wearing them. A coalition of leading U.S. child advocacy, consumer, and privacy groups sent a letter to the Federal Trade Commission (FTC) today, asking the agency to investigate the threat these watches pose to children. Smartwatches for children essentially work as a wearable smartphone. Parents can communicate with their child through the mobile phone function and track the child’s location via an app. Some product listings recommend them for children as young as three years old. Groups sending the letter to the FTC are the Electronic Privacy Information Center (EPIC), the Center for Digital Democracy (CDD), the Campaign for a Commercial-Free Childhood (CCFC), the Consumer Federation of America, Consumers Union, Public Citizen, and U.S. PIRG. The advocacy groups are working with the Norwegian Consumer Council (NCC), which conducted research (link is external) showing that watches sold in the U.S. under the brands Caref and SeTracker have significant security flaws, unreliable safety features, and policies which lack consumer privacy protections. In the EU, groups are filing complaints in Belgium, Denmark, the Netherlands, Sweden, Germany, the UK, and with other European regulators. “By preying upon parents’ desire to keep children safe and, these smart watches are actually putting kids in danger,” said CCFC’s Executive Director Josh Golin. “Once again, we see Internet of Things products for kids being rushed to market with no regard for how they will protect children’s sensitive information. Parents should avoid these watches and all internetconnected devices designed for kids.” The NCC’s research showed that with two of the watches, a stranger can take control of the watch with a few simple steps, allowing them to eavesdrop on conversations the child is having with others, track and communicate with the child, and access stored data about the child’s location. The data is transmitted and stored without encryption. The watches are also unreliable: a geo-fencing feature meant to notify parents when a child leaves a specified area, as well as an “SOS” function alerting parents when a child is in distress, simply do not work. The manufacturers’ data practices also put children at risk. Some devices have no privacy policies at all, and the policies that do exist lack basic consumer protections, including seeking consent for data collection, notifying users of changes in terms, and allowing users to delete stored data. "The Trump Administration and the Congress must bring America’s consumer product safety rules into the 21st century,” said Jeff Chester of the Center for Digital Democracy. “In the rush to make money off of kids’ connected digital devices, manufacturers and retailers are failing to ensure these products are truly safe. In today’s connected world that means protecting the privacy and security of the consumer—especially of children. Both the FTC and the Consumer Product Safety Commission must be given the power to regulate the rapidly growing Internet of Things marketplace.” The Caref (branded Gator in Europe) and SeTracker smartwatches are available online through Amazon. The groups have asked the FTC to act quickly to investigate these products, and they advise parents to refrain from buying the products because of the danger they could pose to children. The NCC, which conducted the testing of the watches, advises consumers who have already purchased the watches to stop using them and uninstall the app. “The Federal Trade Commission must be proactive in protecting consumers—especially vulnerable young children—from harmful products that abuse technology for the sake of profit,” said Kristen Strader, Campaign Coordinator for Public Citizen. “Smartwatches and similar devices must be absolutely safe and secure before they are released to the public for sale.” Ed Mierzwinski, Consumer Program Director at U.S. PIRG, said, "Companies making any internet-connected devices, but especially for children, need to ensure that privacy and security are more than breakable — or worse, hackable — promises." Katie McInnis, technology policy counsel for Consumers Union, said, “When a company sells a smartwatch aimed at children, it must ensure the product is safe and secure. The FTC should launch an investigation into the privacy and security concerns surrounding these products to make sure families are safe.” The same trans-Atlantic coalition persuaded government authorities and retailers last December (link is external) that the internet-connected dolls Cayla and i-Que Robot were spying on children and threatening their welfare, and retailers removed the toys from store shelves. The FBI subsequently issued a warning to consumers (link is external) that internet-connected toys could put the privacy and safety of children at risk. --- For more information, please see the following: Letter to FTC by coalition of leading U.S. child advocacy, consumer, and privacy groups (link below) Press Release by US coalition of leading U.S. child advocacy, consumer and privacy groups (link below) #WatchOut Report by Norwegian Consumer Council (link below) Press Release by Norwegian Consumer Council (link below) #WatchOut English - YouTube (http://bit.ly/2ghNoD1 (link is external)) #WatchOut - longer video explainer on security flaws 4:30 mins - YouTube (http://bit.ly/2xLYSVv (link is external))