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Tag Archives: canada
Running a Friends-and-Family Promotion in Canada? Cruel, Cryptic CASL Strikes Again
During the COVID-19 epidemic, one marketing development that I have noticed is an increased effort to promote destination marketing, including through promotional contests. In this regard, I have acted for several countries assisting them with their destination marketing related promotions. My new Canadian Lawyer column … 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 »
Digital Marketing Enforcement Is Top Competition Bureau Enforcement Priority: New Remarks
In an interesting speech on January 22, 2020 by the Deputy Commissioner of Competition, Deceptive Marketing Practices Directorate, the Competition Bureau (Bureau) outlined its current digital marketing enforcement priorities (see: Honest Advertising in the Digital Age). In general, the Deputy Commissioner’s remarks reflect an overall … 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 »
Canadian CRTC Ups the CASL (Canadian Anti-Spam Law) Liability Ante For Directors and Officers
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 »
Hockey Helmet Case a Reminder of Canada’s Performance Claim Rules (and a Few Key Points)
Performance claims remain a popular advertising strategy for many brands. These can include statements about a product’s speed, reliability or other performance. Performance claims in Canada, however, are subject to both the “general misleading advertising” sections of the Competition Act (Act) and a stand-alone performance … Read the rest of this entry »
General Impressions Matter: US FTC, Australian ACCC Take Issue Over Headline Claims (and Some Compliance Tips)
In the advertising law world, general impressions matter – a lot. In Canada, the federal Competition Act even includes specific sections that provide that the general impression of a claim (i.e., not merely the literal meaning of an advertising claim or what is included in … Read the rest of this entry »