Category Archives: Packaging and Labelling

September 23, 2014

General Impressions Matter: US FTC, Australian ACCC Take Issue Over Headline Claims (and Some Compliance Tips)

In the advertising law world, general impressions matter – a lot. In Canada, the federal Competition Act even includes specific sections that provide that the general impression of a claim (i.e., not merely the literal meaning of an advertising claim or what is included in … Read the rest of this entry »

June 13, 2014

When Can True Claims Be Misleading?: Comment on Fruit Drink Tussles & Some Tips

For the past little while I’ve been seeing more cases and articles related to advertising challenges based on misleading (or allegedly misleading) first impressions – that is competitor or consumer challenges based on what looks like the real deal, but may be a bit of … Read the rest of this entry »

May 21, 2014

New Remarks by Canada’s Commissioner of Competition & Competition Compliance Video

Earlier today, the Competition Bureau posted new remarks by the Commissioner of Competition from the Canadian Bar Association’s 2014 Competition Law Spring Forum (one of two annual Canadian competition law conferences hosted by the CBA). See: Remarks by John Pecman, Commissioner of Competition.  These new … Read the rest of this entry »

April 29, 2014

Big Brewery Settles Allegations Was Marketing Beer As Small (Micro Brewery) – Impressions and Images Matter

A small but interesting advertising law development caught my eye earlier today – the Australian ACCC (Australia’s competition and consumer protection agency) took enforcement steps against a large Australian beer manufacturer (Carlton & United Breweries) for allegedly suggesting that it was small (a micro brewer). … Read the rest of this entry »

January 15, 2014

Apple Settles With U.S. FTC in Kids’ In-App Disclosure Case – Highlights Importance of Upfront Disclosure of Charges & Key Terms

Earlier today, the U.S. Federal Trade Commission (FTC) announced that Apple Inc. had agreed to refund consumers USD $32.5 million, under a proposed consent order, in relation to alleged failures to adequately disclose kids’ mobile app charges. More specifically, the case involved FTC allegations that … Read the rest of this entry »

July 1, 2013

Australian Supermarket Pays $61,000 Fine for Allegedly Misleading Country of Origin Claims – A Few Thoughts and Some Canadian Comparisons

In a recent case announced by the Australian ACCC, Australia’s antitrust agency said that supermarket chain Coles has paid six infringement notices totaling $61,200 for allegedly misleading country of origin claims contrary to the Australian Competition and Consumer Act (see: Coles pays infringement notices for … Read the rest of this entry »

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 »

February 22, 2013

Fraudulent Fish Probe Highlights Key Aspects of Canadian Misleading Advertising Law and My Own Fish Fraud Tale

It’s Friday, pouring rain where I am (the normally picturesque, if perennially wet, Vancouver) so something a bit lighter for the blogs today.  Over the past few days, I’ve been seeing reports of a fraudulent fish probe in the U.S. with some rather startling, if … Read the rest of this entry »