Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses recent digital deceptive marketing enforcement by the Competition Bureau (Bureau) under the Competition Act, R.S.C. 1985, c. C-34. The Update includes key aspects of recent enforcement by the Bureau, penalties, and implications for digital marketing compliance with competition law. Below is an excerpt with a link to the full Legal Update.
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Over the past year, the Competition Bureau (Bureau) has continued to focus on its enforcement priority of false and misleading online claims.
In this regard, since January 2021, the Bureau has commenced both formal and informal enforcement in relation to a wide range of products and services, including COVID-19 products and services, online business directories, online travel services, health and dietary supplements and mobile apps.
Some of the Bureau’s recent online-marketing-related guidance and enforcement has included:
Warning consumers of fraudulent COVID-19-related claims, including phishing schemes (that is, unsolicited email that appears to be from a legitimate organization) intended to capture personal information (see Phishing, Canadian Anti-Fraud Centre) and deceptive COVID-19 product performance claims. For more information about performance claims under the Competition Act, R.S.C. 1985, c. C-34 see Practice Note, Performance Claims Under the Competition Act.
Obtaining a section 11 order in relation to its ongoing investigation of Canada Tax Reviews’ marketing practices in connection with COVID-19 benefit programs (see Competition Bureau investigates Canada Tax Reviews’ marketing practices regarding pandemic benefit programs, Competition Bureau, July 9, 2021). The Bureau’s investigation appears to relate to Canada Tax Reviews’ claims in relation to the Canada Emergency Response Benefit and Canada Recovery Benefit.
New advertising and marketing compliance resources, including a deceptive marketing compliance video (see Compliance Bootcamp, Part 1: Video, Government of Canada). For more information about competition law compliance programs, see Practice Note, Competition Law Compliance Programs and Standard Document, Competition Law Compliance Program.
Criminal charges laid in an online business directories case (see Multiple criminal charges laid in online business directories case, Competition Bureau, June 14, 2021). For more information about criminal enforcement under the Competition Act, see Practice Note, Criminal Competition Law Enforcement.
Compliance guidance in relation to greenwashing claims (that is, false or misleading environmental claims).
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For the full Legal Update see: Recent Digital Deceptive Marketing Enforcement Under the Competition Act.
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I am a Toronto competition/antitrust lawyer and advertising/marketing lawyer who helps clients in Toronto, Canada and the US practically navigate Canada’s advertising and marketing laws and offers Canadian advertising/marketing law services in relation to print, online, new media, social media and e-mail marketing.
My Canadian advertising/marketing law services include advice in relation to: anti-spam legislation (CASL); Competition Bureau complaints; the general misleading advertising provisions of the federal Competition Act; Internet, new media and social media advertising and marketing; promotional contests (sweepstakes); and sales and promotions. I also provide advice relating to specific types of advertising issues, including performance claims, testimonials, disclaimers, drip pricing, astroturfing and native advertising.
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