Gap Canada announced on Friday that it is now advertising in Roblox, a popular role-playing platform for elementary-aged children. However, the Consumer Protection Act prohibits advertising aimed at children under 13.
Posted at 6:00 a.m.
Gap Canada has proudly integrated the Friday metaverse into the Roblox online multiplayer gaming platform. The American brand has its own virtual store there where young players behind their avatar can enjoy a juice bar, try on outfits, take photos and do fashion shows, the statement said.
The Gap Teen virtual store was also very busy on Friday evening, during the visit of The Press.
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The avatar of our journalist surrounded by other players present in the Gap Teen store on Friday
A majority of children on Roblox
Although Gap Canada announces that it wants to give “the opportunity for teenagers to discover the world of Gap”, the Roblox platform attracts a majority of children under the age of 13 with its games of adopting small animals, decorating house and roles in this modern virtual city. Roblox Corporation also indicated in 2021 that 54% of its users were under 13 years old.
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The Press was able to sign up for Roblox with 2016 as his year of birth, even though the platform is supposedly intended for ages 10 and up.
Roblox is also advertised as being for ages 10 and up. However, it was possible to register by indicating 2016 as the year of birth.
The law is clear
The Consumer Protection Act prohibits advertising aimed at children under 13 not only on television, but also on the Internet and, consequently, in the metaverse.
“The law says that any advertising for commercial purposes aimed at those under 13 is prohibited,” says Alexandre Plourde, lawyer at Option consommateurs. To determine whether the advertisement is directed to children under 13, an assessment of the context, such as when or where it appears, is made. »
“So an advertisement that is made on a platform where there are mainly children under 13, which lets young people under 13 register directly, continues the lawyer, one would think that indeed, it aims children under 13 years old. »
The law clarifies that even if an advertisement is aimed at teenagers and adults or broadcast during a viewing period intended for this older audience, it cannot be assumed that it is not intended for children. .
Created in the early 1970s, the law holds that a child cannot distinguish between information and promotion.
Since General Mills admitted breaking the law in 2009 with its online game inspired by Lucky Charms cereal, ads disguised as games have also come under scrutiny.
At the time, the food giant had to pay a meager $2,000 fine.
The fine was higher for Coca-Cola, in 2015, which had created a water feature in the colors of the soft drink Fanta, at La Ronde. Found guilty, the multinational had to pay a fine of $27,664 to the Quebec government.
Advertising in the form of gifts is also not tolerated. The distribution of Igor cakes in daycare centres, by Saputo, had earned him a fine of $44,000. Saputo decided to plead guilty in 2009.
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Young players behind their avatar can enjoy a juice bar, try on outfits, take photos and do fashion shows in Gap’s virtual store.
The law applies to any merchant who does business in Quebec, even if its head office is abroad, recalls the lawyer for Option consommateurs. “To the extent that this company, Gap, does business in Canada, advertises to people who are located in Canada, promotes goods or services in Canada, it must comply with the laws that are applicable in each of the provinces. »
If a complaint is made to the Consumer Protection Office and it leads to an investigation, Gap could be subject to criminal prosecution and be ordered to pay a fine.