Category Archives: Performance Claims

March 17, 2014

New Books: Canadian Competition Law Developments & Trends in 2013, in CLE BC’s Annual Review of Law & Practice 2014

The Continuing Legal Education Society of British Columbia (CLE BC) has published its Annual Review of Law & Practice – 2014.  This summary of major areas of Canadian law applicable in British Columbia includes my co-authored chapter on Canadian competition law developments and trends in … Read the rest of this entry »

February 25, 2014

Canadian Court Takes Measured Approach to Imposing $500,000 Civil Fine Against Rogers in Performance Claims Case

In an interesting and important decision issued by the Ontario Superior Court of Justice on February 21st, the Court has now imposed a $500,000 civil administrative monetary penalty (“AMP”) against Rogers for failing to have performed adequate and proper testing in some Canadian markets for … Read the rest of this entry »

December 3, 2013

New Publications: Canadian ASC Issues New Consumer Advertising Report

Canada’s national not-for-profit advertising self-regulatory body Advertising Standards Canada (ASC) has released a new report on Canadian consumers’ views on advertising, entitled 2013 Consumer Perspectives on Advertising. Top of the list of advertising annoyances for Canadian consumers?: misleading advertising (significantly more than other issues, such … Read the rest of this entry »

August 21, 2013

Rogers Largely Wins Landmark Chatr Misleading Advertising and Performance Claims Case

Earlier today the Competition Bureau announced the fairly long-awaited decision of the Ontario Superior Court of Justice (per Marrocco J.) in the Rogers Chatr misleading advertising and performance claims case (Canada (Competition Bureau) v. Chatr Wireless Inc., 2013 ONSC 5315 (Ont. Sup. Ct.)). In announcing … 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 »

April 12, 2013

New U.S. FTC Report With Competition and Advertising Highlights For the Past Year, Parallels to Competition Bureau Enforcement and Priorities

Earlier today, the U.S. Federal Trade Commission released 2013 Annual Highlights setting out its priorities over the past year, which generally include promoting online privacy and data security, fostering competition in high-tech industries and healthcare and protecting children and other vulnerable consumers from fraud. In … Read the rest of this entry »

January 2, 2013

Competitive Marketplace and Free Speech Thwart Attempted Telecom Advertising Injunction

In an interesting case decided just before the holidays, which I fleetingly Tweeted, the Supreme Court of British Columbia denied an attempt by TELUS to block seasonal advertising by newcomer Mobilicity (see: TELUS Communications Company v. Mobilicity).  Now that I’ve had my fill of Christmas … Read the rest of this entry »

December 28, 2012

Webinar: Key Canadian Advertising and Competition Law Compliance Strategies

I am pleased to be a panelist for an upcoming Canadian/U.S. advertising law webinar hosted by Strafford on January 8, 2013: Key Canadian Advertising and Competition Law Compliance Strategies. Description The Canadian Competition Act contains civil and criminal prohibitions on misleading representations and regulates specific … Read the rest of this entry »