Category Archives: Cases

May 28, 2013

Kellogg’s Settles Class Action Cereal Advertising Suit & A Few Thoughts on Performance Claims in Canada

An interesting performance claims advertising claims case caught my eye today in my daily media sweep.  According to the CBC, HuffPost and others, Kellogg has agreed to pay $4 million to settle a class action lawsuit relating to some of its former marketing claims for … Read the rest of this entry »

December 17, 2012

Contests: Wolf Hunt Contest Illustrates Importance of Criminal Code Compliance Review for Contests

CANADIAN CONTEST RULES/PRECEDENTS Do you need contest rules/precedents for a Canadian contest? We offer many types of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents to run common types of contests in Canada).  These include precedents for random draw contests (i.e., where … Read the rest of this entry »

November 28, 2012

Ontario College Found Liable in Misleading Advertising Consumer Protection Act Class Action

November 28, 2012 In an interesting recent Ontario class action decision issued on November 16th, the Ontario Superior Court of Justice found George Brown College liable, among other things, for violating the Ontario Consumer Protection Act (“CPA”) in relation to representations in a college course … Read the rest of this entry »

November 4, 2012

Quebec Federation of Real Estate Boards files Competition Bureau misleading advertising complaint against for-sale-by-owner firm DuProprio

In an interesting story reported by the Montreal Gazette, the Quebec Federation of Real Estate Boards (“QFREB”) has filed a misleading advertising complaint with the Competition Bureau against the sale-by-owner real estate firm DuProprio (see also REM’s article and real estate industry commentary: QFREB files complaint against DuProprio with the Competition … Read the rest of this entry »

August 29, 2012

“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 »

August 19, 2012

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 »

August 8, 2012

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 »

March 26, 2012

Do Not Call List Update: CRTC Imposes $24,000 AMP Against Quebec Telemarketing Company

On March 23, 2012, the CRTC announced that it had imposed a $24,000 administrative monetary penalty against Quebec telemarketing company Les Aliments S.R.C. Inc. for calling consumers registered on the National Do Not Call List (DNCL) and failure to pay registration fees to the National … Read the rest of this entry »