Canadian regulatory requirements are frequent topics here in this blog, and when we found Gowling WLG‘s comprehensive Guide to Doing Business in Canada: Advertising & Product Regulatory, we knew we had another post for this series.
We’ve already gone into items including anti-spam legislation, French language requirements, and anti-greenwashing regulations, but Gowlings has taken it a step further and covers other matters, including:
- ‘Product of Canada’ vs. ‘made in Canada’ claims for non-food products,
- IP and copyright in advertising (including registered marks and logos, product inscriptions, and requirements under Quebec law),
- Contests and promotions – skill-testing questions and no-purchase entry options are requirements to avoid being classified as an illegal lottery in Canada,
- Puffery and hyperbole, and the substantive evidence required to make such self-congratulatory claims,
- Digital marketing – making proper disclosures and avoiding deceptive practices (including astroturfing), and
- ‘Sale’ and price claims, and the ‘volume test’ most Canadian retailers use to establish a regular price benchmark.
The Competition Act provides for “the general regulation of trade and commerce” in Canada. The Competition Bureau is the country’s “independent law enforcement agency that protects and promotes competition for the benefit of Canadian consumers and businesses,” and its Deceptive Marketing Practices Digest is a good resource for learning about Canadian regulations.
Read the Gowlings article in full, and seek legal advice about your product (or issue) before entering the Canadian market. And as always, follow this blog for regular updates.
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