Category Archives: Performance Claims

September 24, 2012

Competition Bureau Posts New Acting Commissioner of Competition: John Pecman

The Competition Bureau has updated its organizational chart with John Pecman (formerly head of the Criminal Matters Branch) as Acting Commissioner of Competition.  From the Bureau: “John Pecman is Acting Commissioner of Competition. The Commissioner is responsible for the administration and enforcement of the Competition … Read the rest of this entry »

August 29, 2012

“Babies Can Read!” or Consumers Can’t Think – May Be a Close Call – FTC Seeks $185 Million Settlement

In a recent case that I can only describe as bizarre, the U.S. Federal Trade Commission has announced that it has filed false advertising charges against the marketers of “Your Baby Can Read!”, a learning program for toddlers that, according to the FTC, was “widely … Read the rest of this entry »

August 10, 2012

Conferences: “What In-house Counsel Need to Know About Recent Competition Law Developments” – CBA/CCCA Canadian Legal Conference (Vancouver, August 12-14, 2012)

I am pleased to be participating in the Canadian Bar Association’s upcoming CBA Canadian Legal Conference in Vancouver on a panel on August 13th: “What In-house Counsel Need to Know About Recent Competition Law Developments”.   From the Canadian Bar Association and Canadian Corporate Counsel Association … Read the rest of this entry »

August 8, 2012

Rogers Performance Claims Advertising Case Begins in Ontario – A Few Thoughts on the Case and Some Recent Advertising Law Trends

On August 7, 2012, hearings in the landmark Canadian misleading advertising case Commissioner of Competition v. Rogers Communications Inc. began. The case, the first constitutional test of increased “administrative monetary penalties” or “AMPs” under the Competition Act (the “Act”) for misleading advertising, promises to be a bit of … Read the rest of this entry »

January 28, 2012

Advertising Update: Rogers Makes Constitutional Arguments in Response to Performance Claims Challenge by Competition Bureau

The Vancouver Sun, Montreal Gazette, Huffington Post and others have reported that Rogers has launched constitutional arguments in response to allegations by the federal Competition Bureau that it misled consumers with performance claims in relation to its Chatr cell phone brand. In particular, according to … Read the rest of this entry »