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New guidelines for influencer marketing #FullDisclosure

Brand and influencer collaborations are a key component in marketing products and services, as highlighted in our article on Like & Follow! What to know when #advertising with #influencers. Ad Standards recently updated its...more

Top 10 patent and regulatory things you need to know when bringing a biopharma product to Canada

Canada is an attractive market for pharmaceutical manufacturers. While universal healthcare does not currently extend to drugs in an outpatient setting, most Canadian consumers have some form of drug coverage through...more

Marketing & advertising tips, traps and trends for 2023

This article highlights key tips, traps and trends for advertisers for the coming year. Though Canadian law is referenced, the concepts have global relevance.  The term “dark patterns” was first coined over a decade ago but...more

Innovative Medicines Canada proposes framework for innovative agreements for drug reimbursement

Pharmaceutical manufacturers in Canada often enter into Product Listing Agreements (PLA), particularly with public payors, to facilitate their drug being reimbursed. It is common for PLAs to take the form of a first dollar...more

In-house counsel primer: Managing IP and compliance risks in artificial intelligence and a digital world

In today’s competitive innovation economy, digital technologies and artificial intelligence (AI) tools are increasingly used in business transformation and growth. In-house counsel at companies across industries need to be...more

[Ongoing Program] Digital Marketing & Advertising: The Legal Side of AI, NFTs, Virtual Influencers and Dark Patterns - October...

The world of digital marketing & advertising is fast-paced and always evolving to adopt the latest technology and capitalize on pop culture trends and new media channels. Join us to learn about the legal aspects of these...more

Competition Bureau’s interest in the health sector continues

Promoting competition and innovation in Canada’s health sector, including the pharmaceutical industry, is a strategic priority for the Competition Bureau. In 2021, the Bureau announced that it joined its counterparts in the...more

Two health advertising updates – PAAB and Meta (Facebook)

1. PAAB’s Accelerated Review Options - In July 2022, the Pharmaceutical Advertising Advisory Board (PAAB) will launch four Accelerated Review Options (ARO) to its standard pre-clearance pathway, covering a range of...more

Health Canada paving the way for more AI/ML medical devices

Since 2018, Health Canada has undertaken an initiative to adapt its regulatory approach to better support digital health technologies, specifically medical devices. Key focus areas include artificial intelligence, software as...more

Transition measures released for Interim Order for COVID-19 drugs

As previously reported... on September 16, 2020, Canada’s Minister of Health approved an Interim Order Respecting the Importation, Sale and Advertising of Drugs for Use in Relation to COVID-19 (the ISAD Interim Order), which...more

Health Canada Consultation on Electronic Media in Prescription Drug Labelling

On March 12, 2021, Health Canada released for consultation its new Draft Guidance Document on Electronic media in prescription drug labelling. The draft Guidance sets out Health Canada’s expectations for drug manufacturers...more

New CADTH Report on Health Technology Trends in 2021

The Canadian Agency for Drugs and Technologies in Health (CADTH) published an interesting new report on January 29, 2021 about Health Technology Trends to Watch. The report identifies the following list of emerging trends...more

Health Canada – COVID-19 update highlights

UPDATE: The Regulations Amending Certain Regulations Concerning Drugs and Medical Devices (Shortages) were published in the Canada Gazette on September 1, 2021. These amendments are intended to provide Health Canada with...more

Special Access Program and Emergency Drug Release Program amendments in force

On September 28, 2020, the Regulations Amending Certain Regulations Made under the Food and Drugs Act (Sale of a New Drug for Emergency Treatment) (Regulations) came into force. Health Canada subsequently published a Notice,...more

New Interim Order for COVID-19 drugs has wide-reaching impact, allowing Minister to unilaterally expand indication for...

UPDATE: See our article here regarding transitional measures. On September 16, 2020, Canada’s Minister of Health approved an Interim Order Respecting the Importation, Sale and Advertising of Drugs for Use in Relation to...more

Clinical trials relating to COVID-19

UPDATE: The Interim Order No. 2 respecting clinical trials for medical devices and drugs relating to COVID-19: Notice was made on May 3, 2021 (see Notice here) and repeals the Interim Order respecting clinical trials for...more

Summary of various COVID-19 measures instituted by Health Canada

Health Canada has instituted numerous measures to help address and combat COVID-19, from facilitating access to COVID-19 products to protecting the public from false or misleading advertisements claiming to prevent, treat or...more

Canada cracks down on COVID-19 related product advertising claims

COVID-19 has resulted in the launch of numerous new products, as well as numerous new claims about existing products. Products can be classified as drugs (including natural health products and hard surface disinfectants) or...more

Health Canada amends Drug Sampling Laws and issues Guidance (effective July 1, 2020)

Health Canada has recognized for many years that the current regulatory regime on drug sampling, which significantly restricts the distribution of drug samples to both consumers and health care professionals, is outdated. For...more

COVID-19 developments – federal government issues request for information for alternative suppliers for certain pharmaceuticals

The federal government has been proactive in seeking help from industry in tackling the pandemic. For example, Health Canada contacted Health Product Licence Holders to let them know specific areas where they may be able to...more

From regulatory flexibility to reimbursement changes, how Canadian regulators and payers are managing the COVID-19 crisis

UPDATE: The Interim Order No. 2 Respecting Drugs, Medical Devices and Foods for a Special Dietary Purpose in Relation to COVID-19 was made on March 1, 2021 and repeals and replaces the Interim Order Respecting Drugs, Medical...more

Health Canada facilitates availability of COVID-19 health products

UPDATE: The Interim Order No. 2 Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19 was made on March 1, 2021 (see Notice here) and repeals the Interim Order Respecting the Importation and...more

Rebate Update: Amendments to Ontario Regulations remove cap on Ordinary Commercial Term Benefits and restrictions on Private Label...

In November 2019, we highlighted the key proposed amendments to Regulations made under the Ontario Drug Benefit Act (ODBA) and the Drug Interchangeability and Dispensing Fee Act (DIDFA). The proposed amendments aim to reduce...more

Updates to the IMC Code of Ethical Practices

Innovative Medicines Canada (IMC) has announced changes to its Code of Ethical Practices for the first time since the last significant update in 2014. IMC has indicated that several major changes have been made which include...more

Proposed amendments to Ontario Regulations to streamline administrative process, change OCT payment limit, and reduce government...

On October 28, 2019, the Ontario Ministry of Health and Long-Term Care (the Ministry) published proposed changes to Regulations made under the Ontario Drug Benefit Act (ODBA) and the Drug Interchangeability and Dispensing Fee...more

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