Archive for the 'Advertising' Category
August 4, 2010
In R. v. Independent Order of Foresters, a fraternal benefit society engaged in the sale of life insurance was charged with misleading advertising under section 52 of the former Combines Investigation Act in relation earnings claims made for the recruitment of salespersons.
June 29, 2010
The Competition Bureau announced today that Zellers had agreed to take action to correct an allegedly misleading promotion. According to the Bureau, Zellers Inc., owned by the Hudson’s Bay Company, has agreed to take steps to address the Bureau’s view that a Zeller’s misleading savings card promotion violated the Competition Act.
June 21, 2010
RECENT MISLEADING ADVERTISING NEWS
Competition Bureau Confirms Enforcement Approach to New Guidelines on “Made in Canada” and “Product of Canada” Claims
Enforcement Guidelines for “Product of Canada” and “Made in Canada” Claims
June 14, 2010
CONSPIRACY / CARTELS
Recent Speech by Canada’s Commissioner of Competition Indicates Tougher Enforcement Stance Against Criminal Cartels
In a recent speech by Canada’s new Commissioner of Competition to the Canadian Bar Association’s Spring Competition Law Conference, the Commissioner outlined some of the Competition Bureau’s current enforcement and policy priorities following the recent significant amendments to Canada’s competition law. The Commissioner’s remarks included a number of comments regarding the Competition Bureau’s (the “Bureau”) enforcement policy in relation to the new criminal conspiracy rules, enforcement priorities, the Bureau’s new sentencing and leniency policies and, of particular note, indicating that the Bureau wants to take a tougher stance against criminal cartels (including seeking increased penalties against individuals involved in criminal cartel conduct). For more see: Recent Speech by Canada’s Commissioner of Competition Indicates Tougher Enforcement Stance Against Criminal Cartels.
May 14, 2010
The federal Competition Act is Canada’s principal, but by no means only, legislation governing misleading advertising. In addition to this federal legislation, a broad array of other federal and provincial laws can apply to advertising and marketing practices, including provincial consumer protection laws, sectoral legislation and federal packaging and labeling legislation.
April 20, 2010
ASSOCIATIONS & COMPETITION LAW
“A [compliance] program also plays a crucial role for trade associations because trade associations face unique compliance issues. Given that an association provides a forum where competitors collaborate on association activities, trade associations are exposed to greater risks of anti-competitive conduct. A number of past Bureau cases have involved trade associations that were engaged in agreements to harm competition. It is therefore critical that trade associations implement credible and effective programs with strict codes of ethics and conduct. Such programs may allow trade associations and [their] members to avoid improper actions and to protect themselves from being used as a conduit for illegal activities. They may also allow trade association members to fully benefit from the association’s activities while reducing the potential for inadvertent contraventions of the Acts.”
(Competition Bureau, Corporate Compliance Programs Information Bulletin)
December 14, 2009
ASSOCIATIONS & COMPETITION LAW
“A [compliance] program also plays a crucial role for trade associations because trade associations face unique compliance issues. Given that an association provides a forum where competitors collaborate on association activities, trade associations are exposed to greater risks of anti-competitive conduct. A number of past Bureau cases have involved trade associations that were engaged in agreements to harm competition. It is therefore critical that trade associations implement credible and effective programs with strict codes of ethics and conduct. Such programs may allow trade associations and [their] members to avoid improper actions and to protect themselves from being used as a conduit for illegal activities. They may also allow trade association members to fully benefit from the association’s activities while reducing the potential for inadvertent contraventions of the Acts.”
(Competition Bureau, Corporate Compliance Programs Information Bulletin)
November 24, 2009
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 winners are chosen by random draw), skill contests (e.g., essay, photo or other types of contests where entrants submit content that is judged to enter the contest or for additional entries), trip contests and more. Also available are individual Canadian contest/sweepstakes precedents, including short rules (“mini-rules”), long rules, winner releases and a Canadian contest law checklist. For more information or to order, see: Canadian Contest Law Forms/Precedents. If you would like to discuss legal advice in relation to your contest or other promotion, contact us: Contact.
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On November 23, 2009 the Competition Bureau announced that Elkhorn Ranch & Resort Ltd., a Manitoba-based company that sells vacation property time shares, has agreed to pay CDN $170,000 for operating promotional contests in contravention of the promotional contest provisions of the Competition Act.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
