Category Archives: Advertising Law

February 1, 2020

What Laws Apply to Canadian Contests/Sweepstakes?

The following are some key legal tips for operating a successful and legal contest in Canada: CRIMINAL CODE Avoid the illegal lottery offences of the Criminal Code (e.g., include a bona fide “no purchase necessary” entry option and skill element, such as a time-limited, multiple-step mathematical question for potential … Read the rest of this entry »

January 24, 2020

Digital Marketing Enforcement Is Top Competition Bureau Enforcement Priority: New Remarks

In an interesting speech on January 22, 2020 by the Deputy Commissioner of Competition, Deceptive Marketing Practices Directorate, the Competition Bureau (Bureau) outlined its current digital marketing enforcement priorities (see: Honest Advertising in the Digital Age). In general, the Deputy Commissioner’s remarks reflect an overall … Read the rest of this entry »

January 17, 2020

Competition Bureau Investigates Novel Case Involving Political Parties’ Use of Personal Information

In an interesting and rather novel case, the Competition Bureau (Bureau) is reportedly investigating whether three major Canadian political parties (the Liberal, Conservative and NDP parties) violated the Competition Act in relation to their collection and use of Canadians’ personal information. According to media reports … Read the rest of this entry »

January 15, 2020

Can a Contest Sponsor Require Entrants to Purchase a Product to Enter a Canadian Contest/Sweepstakes?

Most Canadian contest sponsors choose to include a bona fide “no purchase required” entry option for contests run in Canada. This is because the illegal lottery offences of the Criminal Code (Code), which are generally punishable by imprisonment for up to two years, prohibit games of … Read the rest of this entry »

January 12, 2020

Influencer Advertising: Competition Act Compliance Now a Material Concern For Brands and Agencies

Over the past several years, competition enforcement agencies have been increasing their scrutiny of false and misleading influencer marketing.  The U.S. Federal Trade Commission (FTC) initially led the charge in terms of guidance and enforcement, which included its Endorsement Guides, Endorsement Guides FAQs and warning … Read the rest of this entry »

January 5, 2020

What Is Required For Express Consent Under CASL (Canadian Anti-Spam Law)?

CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS Do you need a precedent or checklist to comply with CASL (Canadian anti-spam law)? We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL.  These include checklists and precedents for express consent requests (including … Read the rest of this entry »

January 1, 2020

Influencer Advertising: Competition Bureau Increases Pressure on Brands and Agencies to Comply with the Competition Act

Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s new guidelines for influencer advertising. While the Bureau’s new guidelines largely reiterate previous guidance provided by the Bureau, its announcement also suggests increasing scrutiny on not only influencers that fail to … Read the rest of this entry »

January 1, 2020

Why Are Skill-testing Questions Required For Canadian Contests/Sweepstakes?

Skill-testing questions are usually, but not always, required to operate a contest in Canada.  They are commonly required and administered to potential winners before being declared a winner to avoid the illegal lottery offences under the Canadian federal Criminal Code (Code). In general, the Code prohibits games of … Read the rest of this entry »