My new Canadian Lawyer column discusses recent price gouging and deceptive marketing law enforcement in Canada. Some of the issues raised include speed of enforcement, political statements compared to actual enforcement and, perhaps, most importantly, transparency in relation to warnings and penalties. My new column compares enforcement efforts in Canada (both at the provincial and federal levels) with the United States.
The following is an excerpt with a link to my full column.
COVID-19 Consumer Protection Enforcement:
A Tale of Two Countries
Since the COVID-19 pandemic began escalating in Canada and the United States in March, consumer protection and competition/antitrust agencies also increased their enforcement of local and federal advertising laws.
Misleading claims, unfounded performance claims and price gouging for essential COVID-19-related consumer products are now key priorities for governments and enforcement agencies.
For example, in Canada the provincial government of Ontario issued an order on March 28 under the Emergency Management and Civil Protection Act prohibiting retailers and those who do not normally sell necessary goods from price gouging (selling at “unconscionable prices”) in relation to, among other things, personal protective equipment (PPE) such as masks and gloves, disinfecting agents, soap and paper products.
For my full column, see: here.
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I am a Toronto competition/antitrust lawyer and advertising/marketing lawyer who helps clients in Toronto, Canada and the US practically navigate Canada’s advertising and marketing laws and offers Canadian advertising/marketing law services in relation to print, online, new media, social media and e-mail marketing.
My Canadian advertising/marketing law services include advice in relation to: anti-spam legislation (CASL); Competition Bureau complaints; the general misleading advertising provisions of the federal Competition Act; Internet, new media and social media advertising and marketing; promotional contests (sweepstakes); and sales and promotions. I also provide advice relating to specific types of advertising issues, including performance claims, testimonials, disclaimers, drip pricing, astroturfing and native advertising.
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