Category Archives: Performance Claims

January 23, 2017

Competition Bureau Cautions Businesses to Back Up Environmental Claims, Issues New Guidelines

Earlier today, the Competition Bureau (Bureau) issued a Business Alert warning businesses to ensure that their eco-related claims, such as using the terms “organic”, “green” and “eco-friendly”, comply with the federal Competition Act, particularly the false or misleading advertising and performance claim provisions. See: It’s … Read the rest of this entry »

November 13, 2014

Hockey Helmet Case a Reminder of Canada’s Performance Claim Rules (and a Few Key Points)

Performance claims remain a popular advertising strategy for many brands. These can include statements about a product’s speed, reliability or other performance. Performance claims in Canada, however, are subject to both the “general misleading advertising” sections of the Competition Act (Act) and a stand-alone performance … Read the rest of this entry »

September 8, 2014

Magic Green Beans for Weight Loss? Not Worth Trading a Cow For Says US FTC

In an interesting case that caught my eye earlier today, the U.S. FTC announced a proposed settlement with Texas-based Applied Food Sciences Inc. (AFS) in relation to allegedly “baseless” green coffee extract weight loss claims. According to the FTC, AFS, which sells a green coffee … Read the rest of this entry »

July 2, 2014

“Your Product Is Great” (What Was It Again?): Australian Carpet Cleaning Co. Sued for Alleged Fake Reviews, Some Canadian Points

Each morning, before I begin ‘real work’, I usually spend a little time on an Internet sweep of interesting advertising and competition law cases that have developed overnight or come into my inbox. Earlier today an interesting new advertising law enforcement action by the Australian … Read the rest of this entry »

June 4, 2014

Canadian Competition Law (Competition Act) Compliance: A Primer

“Every business and individual has a duty to act lawfully. The Bureau operates on the assumption that all businesses and their senior management wish to comply with the law. Compliance is important for all businesses, regardless of their size, for both legal and practical reasons. … Read the rest of this entry »

March 17, 2014

New Books: Canadian Competition Law Developments & Trends in 2013, in CLE BC’s Annual Review of Law & Practice 2014

The Continuing Legal Education Society of British Columbia (CLE BC) has published its Annual Review of Law & Practice – 2014.  This summary of major areas of Canadian law applicable in British Columbia includes my co-authored chapter on Canadian competition law developments and trends in … Read the rest of this entry »

February 25, 2014

Canadian Court Takes Measured Approach to Imposing $500,000 Civil Fine Against Rogers in Performance Claims Case

In an interesting and important decision issued by the Ontario Superior Court of Justice on February 21st, the Court has now imposed a $500,000 civil administrative monetary penalty (“AMP”) against Rogers for failing to have performed adequate and proper testing in some Canadian markets for … Read the rest of this entry »

December 3, 2013

New Publications: Canadian ASC Issues New Consumer Advertising Report

Canada’s national not-for-profit advertising self-regulatory body Advertising Standards Canada (ASC) has released a new report on Canadian consumers’ views on advertising, entitled 2013 Consumer Perspectives on Advertising. Top of the list of advertising annoyances for Canadian consumers?: misleading advertising (significantly more than other issues, such … Read the rest of this entry »