“I want Nikes. »

When Véronique Bélanger heard her 6-year-old daughter express this desire, she was initially surprised. The little girl was eyeing sneakers imitating the Nike logo in a store. “I didn’t know she knew that word,” summarizes the mother from Sorel-Tracy.

It was in the days that followed that Véronique made the connection, paying closer attention to the favorite YouTube channel of her 6- and 9-year-old daughters: that of “La famille Ventura,” Quebec content creators. Nike is among the many brands that can be seen in the videos of these influencers, like Roblox, Kawaii, Disney, PlayStation, Amazon and even Instax from Fujifilm. Brands like McDonald’s, Salvatoré pizza, Crush and Oreo are also frequently shown.

The Ventura family – made up of influencer Priscilla Brosseau, her husband Emmanuel Ventura and their three children – is not known in mainstream media. But in social networks, she is clearly visible. The Venturas can be found on TikTok, Instagram and of course YouTube, where their videos have racked up over 80 million views since their channel’s creation in 2015.

On YouTube, Ventura’s niche is to challenge themselves. And these challenges are often linked to the world of children: finding the coolest school supplies, eating strange candy, transforming a trampoline into a video game room or even making a secret Barbie room. Themes usually involve purchases, like giving 100 gifts in 24 hours or giving the kids the credit card for 24 hours. The editing is lively, amusing, and the couple’s three children are amply shown. “We can certainly see this message as being able to address children of the age of those who appear in the videos,” estimates jurist Pierre Trudel, professor at the faculty of law at the University of Montreal. On the same channel, other videos address themes that are more relevant to parents, such as pregnancy or house construction.

Since they discovered the Ventura family chain, Véronique Bélanger’s daughters have asked mom for the same candy, the same toys, a room identical to that of the girls… “They also asked me to go on the same cruise Disney,” said the teacher, who ended up banning it at home. “It’s always big gifts, big brands, parents never say no; That’s not reality,” she says.

Émilie Grenon and her partner Dominique Longpré suspect YouTube’s algorithm of having introduced their children to the channels of the Ventura family and Willibed – another content creator close to the Venturas. They tried – unsuccessfully – to eliminate channels from YouTube’s suggestions, finding them too focused on overconsumption.

“On television it would be banned. It’s clear, clear, clear,” says André H. Caron, professor emeritus at the University of Montreal, who watched some videos of the Ventura family at the request of La Presse.

Priscilla Brosseau and Emmanuel Ventura did not respond to our multiple interview requests. It was their agent in the United States, James Harrison, who indicated that they were “not participating in interviews”, as was Willibed.

La Presse also sent emails to the communications departments of Nike, McDonald’s, Amazon, Walmart, Roblox, Mondolez (for Oreo), Roblox, Mattel, which remained unanswered. Pizza Salvatoré, for its part, indicated that its partnerships target “the 18-30 year old group in family, fun and friendly entertainment contexts like [its] products which are also accessible to a wider and more diversified clientele”.

While there are still email agreements in Quebec, the vast majority of agreements between brands and influencers in Quebec are the subject of written contracts, according to Marie-Pier Lessard, former influencer agent. Fees vary greatly depending on the creators’ ability to engage their subscribers (clicking on links, responding to comments, etc.). Some post a photo for $800, others for $10,000, she said. “As soon as the creator receives something, he is required to indicate it clearly, and it is also indicated in the contracts,” specifies Ms. Lessard.

In 1978, Quebec passed a law to ban commercial advertising aimed at children under 13, with the goal of protecting this group considered “very vulnerable” to commercial manipulation. Forty years later, the advertising and media industries remain subject to this law, the strictest in North America.

Meanwhile, on social media, children are exposed not only to traditional advertising, but also to a lot of product placement within the shows themselves. Many creators appreciated by young Quebecers come from the United States, like MrBeast and Nastya, and from France, like Swan and Néo. These creators earn advertising revenue from YouTube, but also from product placements and partnerships. Madame Récré, in France, garners tens and tens of millions of views by unboxing toys, like LOL dolls.

“As soon as they see toys that they saw at Madame Récré, my children are attracted,” emphasizes Montrealer Myriam Boulanger. I feel like it’s advertising. » Her mother-in-law, where the children listened to her, ended up making Madame Récré “retire”.

The web and social networks do not escape the prohibition provided for in Quebec law: when the content targets consumers in Quebec, the law applies. In 2018, Kellogg Canada was ordered to pay $9,300 for offering Rice Krispies coloring and craft materials on its Canadian site.

According to several stakeholders we spoke to, however, content creators fall into a “gray area” that can make enforcement of advertising laws more complicated.

“Influencers present the product in a playful, pleasant or amusing context, rather than as part of a formatted message coming from the sponsor itself,” underlines lawyer Pierre Trudel. However, he says, there are many arguments to claim that it is advertising within the meaning of the law.

Director of the information and communication department at Laval University, Christian Desîlets considers that, when there is a transaction between a brand and an influencer, whether it is money, products or services, “it ‘is advertising.’ Creators will sometimes present products in an “organic” way, because they like them, without being paid to do so, according to former influencer agent Marie-Pier Lessard.

On her Instagram account, which does not appeal to children, Priscilla Brosseau publishes sponsored photos, which can be distinguished by the words “paid partnership” or the hashtags “pub” or “ad”. . It includes names that can be seen in the family’s YouTube videos, like McDonald’s, Amazon and Barbie. On their YouTube channel, the Venturas only occasionally discuss partnerships – like with the Match Masters game.

YouTube states that creators are required to disclose any “paid product placement, endorsement or sponsorship,” allowing the audience to see the “paid promotion” label. “Creators and brands are responsible for complying with their local and legal obligations,” says YouTube spokesperson Zaitoon Murji.

Under the Canadian Code of Advertising Standards, an industry self-regulatory tool, influencers must disclose “clearly and conspicuously,” alongside their posts, any material connections (free products or services, remuneration , discount voucher, etc.).

In its terms of service, YouTube states that you must be at least 13 years old to use its service. Accounts belonging to children are terminated when discovered, we are told at YouTube. According to a recent survey conducted by MediaSmarts, half of respondents aged 9 to 11 said they had an account.

In Quebec, a brand is entitled to advertise a good or service intended for children, but on two conditions: that the advertising is not attractive to them and that it is broadcast in a media that does not reach them. not. “Brands could say that it’s the same thing on social networks, to the extent that there is a 13 and over portal at the entrance,” underlines advertising executive Stéphane Mailhiot, president of Havas MTL. However, he never recommends it to his clients. “There may be gray areas, but brands should never forget that there is a reputational stake in stretching the rubber band,” he says.

According to Pierre Trudel, the age limit is not sufficient to exempt social networks from the laws in force. He draws a parallel with an erotic store or an alcohol store which would not carry out any checks to confirm that its customers are indeed of the required age. “You have to ask yourself if it is intended for people under 13 and if it can be meaningful for them,” he says.

Quebec is lagging behind in terms of regulation, according to Professor André H. Caron, who collaborated with the Office of Consumer Protection (OPC) in developing the law. It would not be complicated, according to him, to bring these content creators to order.

The Consumer Protection Office, responsible for applying the law, does not appear to have been contacted to date. “A summary examination of complaints from the last year regarding commercial advertising targeting under-13s leads us to believe that there would be none against one or more influencers,” writes Charles Tanguay, spokesperson for the ‘OPC.

“Is Quebec society in 2023 as convinced as it was that there should not be advertising aimed at children? », asks Pierre Trudel. Regardless, he sees a “very big inconsistency problem” right now. “If we find that a law is necessary off the internet, we must have the courage to also apply it on the internet. Otherwise, it’s not serious. »