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Canada Marketing

Bennett Jones LLP

A Report on Quebec Consumer Class Actions

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On March 5, 2019, the Superior Court of Québec authorized (i.e., certified) a class action against the operators of various hotel booking websites. The plaintiff alleged that the defendants violated various provisions of...more

Stikeman Elliott LLP

It’s Not Easy Bein’ Green: New Greenwashing Guidance & Public Consultation

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The new greenwashing provisions in the Competition Act are attracting significant attention from Canadian businesses, especially for those focused on proactively discussing their efforts regarding emissions and the...more

Smart & Biggar

Cleaning up the Act: Canada's new greenwashing laws

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Last year, we discussed the ever-increasing interest in green branding and how marketing claims related to the environment are receiving increased scrutiny by Canadian regulatory authorities. It should therefore come as no...more

Stikeman Elliott LLP

In the Green Zone: Navigating the Competition Act’s New Greenwashing Provisions

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The new prohibition against greenwashing under the Competition Act took effect on June 20, 2024, while private actions for deceptive marketing practices will take effect next year. This prohibition merely codifies existing...more

Smart & Biggar

Upcoming amendments to the Regulation respecting the language of commerce and business

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On June 26, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Regulation) was published in the Gazette officielle du Québec. The Regulation introduces significant...more

Stikeman Elliott LLP

Standing Committee Proposes More (Tough) Changes to the Competition Act: Insights on Drip Pricing, Sale Discounts, Greenwashing,...

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Bill C-59 was presented to the House of Commons on May 6 with significant amendments from the Standing Committee on Finance. These changes further strengthen the deceptive marketing provisions of the Competition Act with...more

International Lawyers Network

New Guidance on the Subject of Comparative Advertising and Dilution of Goodwill

In 2023, the Federal Court of Canada released its decision in Energizer Brands, LLC and Energizer Canada Inc. v. Gillette Company (2023 FC 804). The decision clarifies some of the laws applicable to comparative advertising in...more

Bennett Jones LLP

Ontario iGaming: New Amendments that Restrict Advertising and Marketing Activities

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On August 29, 2023, the Alcohol and Gaming Commission of Ontario (AGCO) announced amendments to its Standards for Internet Gaming (Standards) and released further guidance on its implementation on February 8, 2024. These...more

International Lawyers Network

Charter of the French Language

The Quebec Charter of the French Language (the “Charter”) was adopted nearly 50 years ago to protect the status of the French language in the province of Quebec. It includes many rules, several of them directed at the...more

Blake, Cassels & Graydon LLP

Le point sur la législation canadienne en matière de publicité en 2023

En 2023, le paysage législatif de la publicité au Canada a continué d’évoluer et de se transformer. Dans le présent bulletin, nous résumons certains développements notables. Selon nous, les entreprises qui font de la...more

Smart & Biggar

French-language requirements in Québec: Publication of the Draft Regulation to amend mainly the Regulation respecting the language...

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On January 10, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (Draft Regulation) was published in the Gazette Officielle du Québec. The Draft Regulation was eagerly...more

Blake, Cassels & Graydon LLP

Canadian Advertising Law: 2023 Year in Review

In 2023, the Canadian advertising legal landscape continued to transform and evolve. In this bulletin, we summarize some notable developments. We expect that businesses that advertise and promote their products or services in...more

Smart & Biggar

Game on! Quebec overhauls legislative and regulatory framework for publicity contests

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This fall, on October 27, 2023, the Quebec National Assembly passed the An Act to Amend Various Provisions for the Main Purpose of Reducing Regulatory and Administrative Burden. With this Act, the Quebec government aims,...more

American Conference Institute (ACI)

[Event] 30th Annual Advertising and Marketing Law - January 17th - 18th, Toronto, ON, Canada

Hosted by Canadian Institute, the 30th Annual Advertising & Marketing Law conference returns for another exciting year where the top minds convene to network and engage in thought-provoking discussions shaping the law, policy...more

Stikeman Elliott LLP

Hurry Up and Comply: Key Takeaways for Canadian Businesses on Misleading Advertising Urgency Cues

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Urgency cues remain near the top of the Competition Bureau’s misleading advertising enforcement priorities, as demonstrated by the Bureau’s recent consent agreement with a furniture chain retailer....more

Davies Ward Phillips & Vineberg LLP

Canadian Government Announces “First Set” of Competition Act Reforms

In a recent press release, Canada’s Prime Minister announced a “first set” of proposed changes to the Competition Act, with additional “comprehensive legislative reforms” to follow in the coming months. While the federal...more

Blake, Cassels & Graydon LLP

Nouvelles restrictions relatives à la publicité sur les aliments et les boissons destinée aux enfants

Le 28 juin 2023, le nouveau Code des pratiques responsables en matière de publicité sur les aliments et les boissons destinée aux enfants (le « CPABE »), administré par les Normes de la publicité, est entré en vigueur. Le...more

Smart & Biggar

Federal Court’s decision in Energizer Brands, LLC v Gillette Company narrows test for depreciation of goodwill in comparative...

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Last week, the Federal Court of Canada issued its long-awaited decision in Energizer Brands, LLC v Gillette Company, 2023 FC 804. The case is noteworthy because it is a “comparative advertising” case, and one of only a few...more

Blake, Cassels & Graydon LLP

New Restrictions on Advertising Food and Drinks to Children

On June 28, 2023, Ad Standards’ new Code for the Responsible Advertising of Food and Beverage Products to Children (FBA Code) took effect. The FBA Code and its complementary Guide for the Responsible Advertising of Food and...more

Stikeman Elliott LLP

Don’t Miss Out! Competition Bureau Releases New Deceptive Marketing Guidance

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The Competition Bureau published its sixth volume of the Deceptive Marketing Practices Digest on April 17. The latest edition looks at the use of fake scarcity cues in online marketplaces and provides an update on drip...more

Bennett Jones LLP

Ontario Proposes Ban on Using Athletes and Celebrities in iGaming Advertising

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Key Takeaways - - AGCO proposes banning the use of athletes and celebrities from internet gambling advertising and marketing in Ontario. - Comments can be submitted to AGCO until May 8, 2023. - New rules would be...more

Dickinson Wright

U.S. Marketing Materials Can and Will Be Used Against You in a Canadian Court

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Health Canada determined that Texas-based LE-VEL BRANDS, LLC (“Le-Vel”), broke the law by selling its weight loss products to Canadians without seeking product licenses for their natural health products. The products had been...more

Smart & Biggar

Marketing & advertising tips, traps and trends for 2023

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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

Blake, Cassels & Graydon LLP

Trois questions que tous les fabricants de nouveaux produits alimentaires devraient se poser

Au Canada, le secteur des produits alimentaires est particulièrement dynamique et devient de plus en plus en pointu au fil du temps. En effet, grâce au perfectionnement des technologies agricoles, le choix de produits...more

Blake, Cassels & Graydon LLP

Three Questions All New Food Product Manufacturers Need to Ask

Canada’s thriving food industry grows more sophisticated by the day as AgTech advancements pave the way for an ever-expanding array of new and innovative products to hit the market. After the years of research and...more

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