Category Archives: Performance Claims

December 25, 2019

Overview of Misleading Advertising Laws in Canada

The federal Competition Act  is one of the main statutes, among others, regulating advertising law in Canada.  The Competition Act contains criminal and civil sections that prohibit false or misleading representations and deceptive marketing practices.  These are frequently referred to as the Competition Act’s misleading advertising provisions.  The … Read the rest of this entry »

January 3, 2019

Misleading Advertising Elements For Canadian Civil Actions Confirmed By Ontario Superior Court

In a recent case handed down by the Ontario Superior Court of Justice, in Rebuck v. Ford Motor Company, the Court confirmed the key requirements for commencing Competition Act misleading advertising based class actions in Ontario under sections 52 and 36 of the Competition Act. … Read the rest of this entry »

May 27, 2018

Testimonials and Endorsements: Key Canadian Legal Rules and Compliance Tips

Testimonials and endorsements (i.e., where a brand uses an expert, celebrity or other person to endorse their product) are both increasingly popular and increasingly being scrutinized by regulators, including the Canadian Competition Bureau (Bureau) and U.S. Federal Trade Commission (FTC). While the Competition Act, which … Read the rest of this entry »

January 23, 2017

Competition Bureau Cautions Businesses to Back Up Environmental Claims, Issues New Guidelines

Earlier today, the Competition Bureau (Bureau) issued a Business Alert warning businesses to ensure that their eco-related claims, such as using the terms “organic”, “green” and “eco-friendly”, comply with the federal Competition Act, particularly the false or misleading advertising and performance claim provisions. See: It’s … Read the rest of this entry »

November 13, 2014

Hockey Helmet Case a Reminder of Canada’s Performance Claim Rules (and a Few Key Points)

Performance claims remain a popular advertising strategy for many brands. These can include statements about a product’s speed, reliability or other performance. Performance claims in Canada, however, are subject to both the “general misleading advertising” sections of the Competition Act (Act) and a stand-alone performance … Read the rest of this entry »

September 8, 2014

Magic Green Beans for Weight Loss? Not Worth Trading a Cow For Says US FTC

In an interesting case that caught my eye earlier today, the U.S. FTC announced a proposed settlement with Texas-based Applied Food Sciences Inc. (AFS) in relation to allegedly “baseless” green coffee extract weight loss claims. According to the FTC, AFS, which sells a green coffee … Read the rest of this entry »

July 2, 2014

“Your Product Is Great” (What Was It Again?): Australian Carpet Cleaning Co. Sued for Alleged Fake Reviews, Some Canadian Points

Each morning, before I begin ‘real work’, I usually spend a little time on an Internet sweep of interesting advertising and competition law cases that have developed overnight or come into my inbox. Earlier today an interesting new advertising law enforcement action by the Australian … Read the rest of this entry »

June 4, 2014

Canadian Competition Law (Competition Act) Compliance: A Primer

“Every business and individual has a duty to act lawfully. The Bureau operates on the assumption that all businesses and their senior management wish to comply with the law. Compliance is important for all businesses, regardless of their size, for both legal and practical reasons. … Read the rest of this entry »