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 application of the Competition Act to performance claims, key points from the Bureau’s new guidance and implications for advertisers and influencers using performance claims in marketing. Below is an excerpt with a link to the full Legal Update. Below is an excerpt with a link to the full Legal Update.
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On January 13, 2021, the Competition Bureau (Bureau) published a detailed blog post on performance claims on the Canadian Marketing Association’s website (see Performance claims: Insights for marketers from the Competition Bureau).
Performance claims, together with false or misleading price claims and ordinary selling price claims, have historically been one of the Bureau’s top enforcement priorities and remains one of its key advertising-related focuses. For more information about misleading price and ordinary selling price claims, see Practice Notes, Misleading Advertising Under the Competition Act and Price and Sale Claims. See also Legal Updates: New Competition Bureau Deceptive Marketing Practices Digest: Priorities Include Misleading Data Privacy Claims, Clear Upfront Pricing Remains a Competition Bureau Priority: Enterprise Rent-A-Car to Pay $1 Million in Drip-Pricing Case and Current Competition Issues for Digital Marketers.
In general, the Bureau’s new guidance defines performance claims, provides practical guidelines to comply with the Competition Act, R.S.C. 1985, c. C-34 and discusses the use of performance claims in some specific marketing contexts, including influencer advertising. For more information about influencer marketing and the Competition Act, see Legal Update, Influencer Advertising: Competition Bureau Increases Pressure on Brands and Agencies to Comply with the Competition Act.
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For the full Legal Update see: New Competition Bureau Guidance for Performance Claims and Influencer Marketing.
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