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Tag Archives: misleading advertising
Misleading Concert Prices Could Be Your Ticket to a Fine: Competition Bureau
On July 4, 2017, the Competition Bureau (Bureau) issued a statement warning sporting and entertainment vendors to ensure that their upfront pricing was accurate. In particular, the Bureau cautioned ticket sellers that engaging in “drip pricing” (i.e., only disclosing a portion of the price upfront … Read the rest of this entry »
Moose Knuckles Settles “Made in Canada” Advertising Case, Second Use of Competition Tribunal’s Mediation Process
Earlier today, the Competition Bureau (Bureau) announced that Moose Knuckles has entered into a settlement to resolve alleged false or misleading “Made in Canada” claims relating to its down-filled parkas (see: Competition Bureau resolves Made in Canada advertising concerns with Moose Knuckles and Consent Agreement). … Read the rest of this entry »
Record $7.3 Million Settlement in Mobile Cramming Case: Cautionary Tale for Partnering with Affiliates?
On December 30, 2015, Telus agreed to a $7.3 million settlement with the Competition Bureau (“Bureau”) as part of the Bureau’s ongoing case against major Canadian telecoms for allegedly misleading advertisements for premium text messages in pop-up ads, apps and in social media. See: Telus … 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 »
Canadian Court Takes Measured Approach to Imposing $500,000 Civil Fine Against Rogers in Performance Claims Case
In an interesting and important decision issued by the Ontario Superior Court of Justice on February 21st, the Court has now imposed a $500,000 civil administrative monetary penalty (“AMP”) against Rogers for failing to have performed adequate and proper testing in some Canadian markets for … Read the rest of this entry »
Alberta Man Sentenced to 2 ½ Years in Misleading Advertising, Breach of Court Order Case
When I deliver competition compliance seminars and talk to industry groups, I often discuss the fact that imprisonment is one possible criminal penalty under the Competition Act (though is, somewhat curiously, more commonly imposed for deceptive advertising than for price-fixing or other criminal competition law … Read the rest of this entry »