Category Archives: Articles

“Babies Can Read!” or Consumers Can’t Think – May Be a Close Call – FTC Seeks $185 Million Settlement

In a recent case that I can only describe as bizarre, the U.S. Federal Trade Commission has announced that it has filed false advertising charges against the marketers of “Your Baby Can Read!”, a learning program for toddlers that, according to the FTC, was “widely … Read the rest of this entry »

Advertising: Conferences: “Digital Day Conference 2012: The New Digital Path to Purchase”

“Emerging technologies, new platforms and evolving digital tools are changing the way audiences consume media, connect with brands and ultimately make purchase decisions. With the rise of smartphones, tablets and social media, today’s empowered consumers are seeking out information, interacting with brands and sharing their … Read the rest of this entry »

Northern Gateway Pipeline: Were Enbridge Promotional Videos Misleading?

In a curious twist in the growing dispute between the Alberta and British Columbia governments, stakeholders and individuals on either side of the environmental debate, with some political seesawing by the Federal Government thrown in, a British Columbia resident has recently alleged that Enbridge promotional … Read the rest of this entry »

Advertising Law: New Publications: Word of Mouth Marketing Association: Social Media Marketing Disclosure Guide

The U.S. Word of Mouth Marketing Association (“WOMMA”) published earlier today a new edition of its Social Media Marketing Disclosure Guide (see: The WOMMA Guide to Disclosure in Social Media Marketing). From WOMMA: “As part of WOMMA’s continuing effort to advance and advocate ethical word of mouth, WOMMA … Read the rest of this entry »

Conferences: “What In-house Counsel Need to Know About Recent Competition Law Developments” – CBA/CCCA Canadian Legal Conference (Vancouver, August 12-14, 2012)

I am pleased to be participating in the Canadian Bar Association’s upcoming CBA Canadian Legal Conference in Vancouver on a panel on August 13th: “What In-house Counsel Need to Know About Recent Competition Law Developments”.   From the Canadian Bar Association and Canadian Corporate Counsel Association … Read the rest of this entry »

Rogers Performance Claims Advertising Case Begins in Ontario – A Few Thoughts on the Case and Some Recent Advertising Law Trends

On August 7, 2012, hearings in the landmark Canadian misleading advertising case Commissioner of Competition v. Rogers Communications Inc. began. The case, the first constitutional test of increased “administrative monetary penalties” or “AMPs” under the Competition Act (the “Act”) for misleading advertising, promises to be a bit of … Read the rest of this entry »

New Canadian Competition Law Publications: New CBA Canadian Competition Law Review

The Canadian Bar Association (CBA) has published a new edition of its Canadian Competition Law Review, which includes articles on indirect purchaser class actions, antitrust immunity agreements, the availability and scale of litigation and investigation costs in private competition law litigation, origins of Canada’s cartel … Read the rest of this entry »

New Papers: “Regulation of Information and Advertising”

Paul Rubin has published an interesting paper on the “Regulation of Information and Advertising” in Competition Policy International. Abstract: “Deception is the manipulation of information to gain some advantage. This paper considers commercial deception through advertising. The paper first discusses the economics of information. The … Read the rest of this entry »