“The measures [under the Quebec Consumer Protection Act] to protect consumers from fraudulent advertising practices are one expression of a legislative intent to move away from the maxim caveat emptor, or “let the buyer beware”. As a result of these measures, merchants, manufacturers and advertisers are responsible for the veracity of information they provide to consumers and may, should such information contain falsehoods, incur the civil or penal consequences provided for in the legislation. As Judge Matheson of the Ontario County Court explained in R. v. Colgate‑Palmolive Ltd., [1970] 1 C.C.C. 100, a case involving federal law [the Combines Investigation Act], the maxim caveat venditor is now far more appropriate to describe the merchant‑consumer relationship. In an oft‑cited judgment, he wrote the following: ‘This legislation is the expression of a social purpose, namely the establishment of more ethical trade practices calculated to afford greater protection to the consuming public. It represents the will of the people of Canada that the old maxim caveat emptor, let the purchaser beware, yield somewhat to the more enlightened view caveat venditor — let the seller beware.’”
(Richard v. Time Inc., 2012 SCC 8, per curiam)
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I am a Toronto competition/antitrust lawyer and advertising/marketing lawyer who helps clients in Toronto, Canada and the US practically navigate Canada’s advertising and marketing laws and offers Canadian advertising/marketing law services in relation to print, online, new media, social media and e-mail marketing.
My Canadian advertising/marketing law services include advice in relation to: anti-spam legislation (CASL); Competition Bureau complaints; the general misleading advertising provisions of the federal Competition Act; Internet, new media and social media advertising and marketing; promotional contests (sweepstakes); and sales and promotions. I also provide advice relating to specific types of advertising issues, including performance claims, testimonials, disclaimers, drip pricing, astroturfing and native advertising.
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