Marketing & Advertising

MARKETING & ADVERTISING

With a myriad of potential ways to promote products and services, the complex web of Canadian advertising laws, regulations and codes that govern marketing can be a minefield. Governments and regulators are keen to protect consumers from perceived misleading marketing messages—whether purposeful or not—and non-compliance or adverse judgements can result in significant fines and reputational damage. Digital advertising and marketing laws related to privacy protection, telemarketing and spam email communication are also increasingly prescriptive, and compliance is a business imperative.

McMillan’s Competition and Antitrust Group is a leader in advertising and marketing law. We help clients navigate the complex world of regulations that govern today’s marketing environment. It is a leader in dispute advertising. We help clients balance their desire to grow their businesses with their need to comply with the law. Our lawyers work with clients in a wide range of business sectors, including agriculture, automotive, consumer products, education, financial services, gaming, media and entertainment, medical devices, retail, technology, and telecommunications. Our internet advertising and marketing lawyers help clients balance their desire to grow their businesses with their need to comply with the law.

In addition to McMillan lawyers who specialize in Canadian advertising laws, our team includes legal subject matter experts in all trademark, copyright, and intellectual property matters connected to advertising.

McMillan’s advertising and marketing lawyers help our commercial clients lead by:

• Structuring print, broadcast, internet and social network marketing and promotional strategies
• Defending against criminal proceedings and/or class action lawsuits
• Advising on the lawful use of pricing and distribution practices as a competitive tool
• Advising on the maintenance, use and protection of intellectual property
• Providing advice regarding privacy law issues including compliance, setting up privacy policies and programs, and conducting privacy audits
• Assisting with telemarketing and email communication compliance
• Advising on the production, distribution and retail sale of consumer products
• Assisting with specialized standards governing the compliance, labelling and advertising of food, drugs, medical devices, and cosmetics
• Helping meet disclosure and multi-lingual requirements that govern how products are packaged and labelled
• Developing in-house compliance programs to ensure advertisements and promotions meet relevant laws and industry codes
• Defending against challenges by government authorities or competitors
• Advising as counsel before Advertising Standards Canada – defending or challenging competitive claims