Category Archives: Performance Claims

August 21, 2013

Rogers Largely Wins Landmark Chatr Misleading Advertising and Performance Claims Case

Earlier today the Competition Bureau announced the fairly long-awaited decision of the Ontario Superior Court of Justice (per Marrocco J.) in the Rogers Chatr misleading advertising and performance claims case (Canada (Competition Bureau) v. Chatr Wireless Inc., 2013 ONSC 5315 (Ont. Sup. Ct.)). In announcing … Read the rest of this entry »

May 28, 2013

Kellogg’s Settles Class Action Cereal Advertising Suit & A Few Thoughts on Performance Claims in Canada

An interesting performance claims advertising claims case caught my eye today in my daily media sweep.  According to the CBC, HuffPost and others, Kellogg has agreed to pay $4 million to settle a class action lawsuit relating to some of its former marketing claims for … Read the rest of this entry »

April 12, 2013

New U.S. FTC Report With Competition and Advertising Highlights For the Past Year, Parallels to Competition Bureau Enforcement and Priorities

Earlier today, the U.S. Federal Trade Commission released 2013 Annual Highlights setting out its priorities over the past year, which generally include promoting online privacy and data security, fostering competition in high-tech industries and healthcare and protecting children and other vulnerable consumers from fraud. In … Read the rest of this entry »

January 2, 2013

Competitive Marketplace and Free Speech Thwart Attempted Telecom Advertising Injunction

In an interesting case decided just before the holidays, which I fleetingly Tweeted, the Supreme Court of British Columbia denied an attempt by TELUS to block seasonal advertising by newcomer Mobilicity (see: TELUS Communications Company v. Mobilicity).  Now that I’ve had my fill of Christmas … Read the rest of this entry »

December 28, 2012

Webinar: Key Canadian Advertising and Competition Law Compliance Strategies

I am pleased to be a panelist for an upcoming Canadian/U.S. advertising law webinar hosted by Strafford on January 8, 2013: Key Canadian Advertising and Competition Law Compliance Strategies. Description The Canadian Competition Act contains civil and criminal prohibitions on misleading representations and regulates specific … Read the rest of this entry »

December 6, 2012

Interim Commissioner of Competition John Pecman Delivers Interesting and Wide-Ranging Comments at Vancouver Roundtable

In interesting and wide-ranging comments yesterday at the Competition Policy Roundtable in Vancouver, the Interim Commissioner of Competition John Pecman discussed current Bureau priorities, some key enforcement trends and gave some indication of future policy direction at the Bureau. The Interim Commissioner opened his remarks … Read the rest of this entry »

November 24, 2012

Interesting New U.K. OFT Price Comparison Website Report and Recommendations for PCWs & Some Thoughts on Comparative Advertising

November 24, 2012 On November 23, 2012, the U.K. Office of Fair Trading (OFT) announced that it had written to 100 leading price comparison websites (“PCWs”) asking that they take steps to ensure they were providing clear information to consumers (see: here).  In making the … Read the rest of this entry »

November 4, 2012

Quebec Federation of Real Estate Boards files Competition Bureau misleading advertising complaint against for-sale-by-owner firm DuProprio

In an interesting story reported by the Montreal Gazette, the Quebec Federation of Real Estate Boards (“QFREB”) has filed a misleading advertising complaint with the Competition Bureau against the sale-by-owner real estate firm DuProprio (see also REM’s article and real estate industry commentary: QFREB files complaint against DuProprio with the Competition … Read the rest of this entry »