Expertise

Advertising and Marketing

Provides advice on the Competition Act’s provisions that govern advertising, marketing, distribution, pricing and product claims.

Helps clients to understand and comply with the Food & Drugs Act and its regulations that govern the marketing and sale of consumer products and of food, drugs, cosmetics and medical devices.

Advises on specific advertising and marketing regimes: the telemarketing and “Do Not Call” rules under the Telecommunications Act; commercial electronic messages under Canada’s Anti-Spam Legislation; and promotional contests under the Criminal Code and the Competition Act.

Represents clients in advertising disputes under self-regulatory codes, such as those administered by Advertising Standards Canada and the Canadian Broadcast Standards Council.

Resources

• Proposed Updates to the Ontario Consumer Protection Act (November 2023)
• Deceptive Marketing Practices (January 2022)
• Ad Standards Complaints (May 2018)
• CASL Update: Private Right of Action Will Not Come Into Force on July 1, 2017 (July 2017)
• Quebec Charter of the French Language – Signage Changes (February 2017)
• CASL Enforcement Update (November 2016)
• Online Testimonials and Endorsements (April 2016)
• CAOB FAQ 1 CASL (December 2015)
• Canada’s Anti-Spam Legislation, Preparing for the July 1, 2014 Effective Date: Form and Content Provisions (May 2014)
• Canada’s Anti-Spam Legislation, Preparing for the July 1, 2014 Effective Date: Consent Provisions (April 2014)
• CASL Update for Charities and Other Not-for-Profits (February 2014)
• Introducing Products to the Canadian Market: Overview of Packaging and Labelling Considerations (September 2013)
• Ontario Court Decision Largely Favours Rogers: Misleading Representations Provisions of the Competition Act Applied (August 2013)
• Preparing to Comply with the Anti-Spam Legislation: Updated Guidance from the CRTC (November 2012)
• Rogers Challenges AMPs for Misleading Representations and the “Adequate and Proper Test” Provision of the Competition Act (March 2012)
• Prepare Now, to Comply with Federal Anti-Spam Legislation (April 2011)