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Category Archives: Sectors – Broadcasting
New Competition Bureau Guidance for Performance Claims and Influencer Marketing In Canada
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses new Competition Bureau guidance in relation to performance claims under the Competition Act, R.S.C. 1985, c. C-34 (Competition Act). The update includes a general overview of the … Read the rest of this entry »
Destination Marketing Contests: Key Considerations as COVID-19 Travel Restrictions Ease
A marketing law trend that is recently emerging in my practice has been increased demand to work on destination marketing promotional contests (i.e., contests promoting trips, vacations and adventures to particular destinations – both in Canada and internationally). This may seem counterintuitive given the current … Read the rest of this entry »
What is Required to Legally Run a Contest/Sweepstakes in Canada?
The main elements to legally run a contest/sweepstakes in Canada are as follows: Short Rules: “Short rules” (sometimes also called “mini-rules”) include the basic statutory disclosures required by section 74.06 of the Competition Act and other material terms that should be brought to the attention of … 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 »
Canadian Contest/Sweepstakes Laws: What Types of Contests Are Commonly Run in Canada?
In general, two types of contests/sweepstakes are commonly run in Canada: 1. “Skill contests” (sometimes also called “consumer generated content contests”) where entrants/contestants are required to submit something that requires some level of skill, such as an essay, video or photograph to enter and win … Read the rest of this entry »
Can a Contest Sponsor Require Entrants to Purchase a Product to Enter a Canadian Contest/Sweepstakes?
Most Canadian contest sponsors choose to include a bona fide “no purchase required” entry option for contests run in Canada. This is because the illegal lottery offences of the Criminal Code (Code), which are generally punishable by imprisonment for up to two years, prohibit games of … 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 »
What Is Required For Express Consent Under CASL (Canadian Anti-Spam Law)?
CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS Do you need a precedent or checklist to comply with CASL (Canadian anti-spam law)? We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL. These include checklists and precedents for express consent requests (including … Read the rest of this entry »
