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Category Archives: Performance Claims
Competition Bureau Increases Enforcement For COVID-19 Marketing Claims
On May 6, 2020, Canada’s Competition Bureau (Bureau) announced that it was increasing its enforcement of deceptive COVID-19 advertising and marketing claims (see: Competition Bureau cracking down on deceptive marketing claims about COVID-19 prevention or treatment). In making the announcement, the Bureau said: “As concerned … Read the rest of this entry »
Product Performance Claims: Increased Risk in Making Unfounded Claims During COVID-19 Outbreak
Practical Law Canada has published a New Legal Update, which discusses product performance claims under the Competition Act and the Competition Bureau’s increased enforcement focus on performance claims that are not supported by adequate and proper testing. The Legal Update also includes an overview of the … Read the rest of this entry »
COVID-19 (Corona Virus): Canadian Competition and Advertising Law Developments
The global spread of COVID-19 has had significant impacts in most major areas of law, including Canadian competition and advertising law. Both federal and provincial governments in Canada have been introducing unprecedented new legislation and orders relating to key aspects of competition and advertising law, … Read the rest of this entry »
New Competition Bureau Deceptive Marketing Practices Digest: Priorities Include Misleading Data Privacy Claims
Practical Law Canada Competition has published a New Legal Update, which discusses the Competition Bureau’s new Deceptive Marketing Practices Digest, including the following key current Bureau advertising enforcement priorities: false or misleading data privacy claims, weight loss claims and online pricing and drip pricing. All … Read the rest of this entry »
Influencer Advertising: Competition Act Compliance Now a Material Concern For Brands and Agencies
Over the past several years, competition enforcement agencies have been increasing their scrutiny of false and misleading influencer marketing. The U.S. Federal Trade Commission (FTC) initially led the charge in terms of guidance and enforcement, which included its Endorsement Guides, Endorsement Guides FAQs and warning … Read the rest of this entry »
Overview of Misleading Advertising Laws in Canada
The federal Competition Act is one of the main statutes, among others, regulating advertising law in Canada. The Competition Act contains criminal and civil sections that prohibit false or misleading representations and deceptive marketing practices. These are frequently referred to as the Competition Act’s misleading advertising provisions. The … Read the rest of this entry »
Misleading Advertising Elements For Canadian Civil Actions Confirmed By Ontario Superior Court
In a recent case handed down by the Ontario Superior Court of Justice, in Rebuck v. Ford Motor Company, the Court confirmed the key requirements for commencing Competition Act misleading advertising based class actions in Ontario under sections 52 and 36 of the Competition Act. … Read the rest of this entry »
Testimonials and Endorsements: Key Canadian Legal Rules and Compliance Tips
Testimonials and endorsements (i.e., where a brand uses an expert, celebrity or other person to endorse their product) are both increasingly popular and increasingly being scrutinized by regulators, including the Canadian Competition Bureau (Bureau) and U.S. Federal Trade Commission (FTC). While the Competition Act, which … Read the rest of this entry »
