P-40.1, r. 3 - Regulation respecting the application of the Consumer Protection Act

Section 91 Disposition versions

2012-09-01

91. For the purposes of applying sections 88, 89 and 90, an advertisement directed at children may not:

(a)  exaggerate the nature, characteristics, performance or duration of goods or services;

(b)  minimize the degree of skill, strength or dexterity or the age necessary to use goods or services;

(c)  use a superlative to describe the characteristics of goods or services or a diminutive to indicate its cost;

(d)  use a comparative or establish a comparison with the goods or services advertised;

(e)  directly incite a child to buy or to urge another person to buy goods or services or to seek information about it;

(f)  portray reprehensible social or family lifestyles;

(g)  advertise goods or services that, because of their nature, quality or ordinary use, should not be used by children;

(h)  advertise a drug or patent medicine;

(i)  advertise a vitamin in liquid, powdered or tablet form;

(j)  portray a person acting in an imprudent manner;

(k)  portray goods or services in a way that suggests an improper or dangerous use thereof;

(l)  portray a person or character known to children to promote goods or services, except:

i.  in the case of an artist, actor or professional announcer who does not appear in a publication or programme directed at children;

ii.  in the case provided for in section 89 where he is illustrated as a participant in a show directed at children.

For the purposes of this paragraph, a character created expressly to advertise goods or services is not considered a character known to children if it is used for advertising alone;

(m)  use an animated cartoon process except to advertise a cartoon show directed at children;

(n)  use a comic strip except to advertise a comic book direct at children;

(o)  suggest that owning or using a product will develop in a child a physical, social or psychological advantage over other children of his age, or that being without the product will have the opposite effect;

(p)  advertise goods in a manner misleading a child into think that, for the regular price of those goods, he can obtain goods other than those advertised.

R.R.Q., 1981, c. P-40.1, r. 1, s. 91.