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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

News

INSIGHTS (46 Posts)

Featured Insight

Recent changes for farmers’ market vendors in Alberta / Introducing the “Made in Alberta, by Albertans” label

This Bulletin covers changes to rules for farmers' markets and their vendors in Alberta, plus the rollout of the "Made in Alberta, by Albertans" logo and label.

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Aug 11, 2021
Featured Insight

Changes on the Menu: Canadian Food Inspection Agency Publishes Consultation Report on Proposed Guidelines for Simulated Meat and Poultry Products

This Bulletin discusses feedback on the CFIA’s proposed new guidelines for plant-based meat and poultry, what could be changing and what the CFIA is doing next.

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Jul 20, 2021
Featured Insight

Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports

Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months

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May 25, 2021
Featured Insight

BILL 96 – Top 10 Impacts of the Revised Charter of the French Language on your Business and When to Expect Implementation of Such Revisions

Changes to Québec’s language laws are coming. Here is a top ten list of potential impacts, and the likely timeline and process for adoption.

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May 19, 2021
Featured Insight

Advertising in the Virtual World

Join members of the Marketing and Advertising Group on Thursday, June 17, 2021 at 12 pm ET as we discuss current trends in marketing and advertising in an increasingly virtual world, and during the ongoing global pandemic.

Details
June 17, 2021 - 12:00 pm to 1:30 pm ET
Featured Insight

Competition Bureau Grounds FlightHub’s Misleading Advertising

On February 24, 2021, the Competition Bureau concluded its investigation into alleged misleading advertising by FlightHub by way of a consent agreement.

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Mar 3, 2021
Featured Insight

Big Brother’s Access Limited – Canadian Privacy Commissioners Rule Clearview AI’s Facial Recognition Tool in Breach of Canadian Privacy Laws

Privacy Commissioners find Clearview AI's use of facial recognition software on images it scraped from the Internet to be in breach of privacy laws.

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Feb 17, 2021
Featured Insight

B.C. Technology Sector Makes the Grade – But Not Yet Top of the Class

In November 2020, KPMG released the B.C Tech Report Card 2020. The Report Card outlined the current state of the British Columbia technology sector.

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Dec 2, 2020
Featured Insight

The Intersection between Drop-Shipping and Patent Infringement

The drop-shipping business model is picking up steam in the online world. But is it immune from the reaches of patent law? Find out in this bulletin.

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Nov 4, 2020
Featured Insight

Canada’s New Cybersecurity Certification Goes Live

The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats

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Oct 13, 2020
Featured Insight

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

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Oct 6, 2020
Featured Insight

COVID-19 Realities Push Ontario Government to Launch Public Consultation to Improve the Province’s Privacy Laws

The Ontario government launched public consultations to guide their modernization of private-sector privacy laws within the province.

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Aug 19, 2020
Featured Insight

Ontario Amends Employment Standards Legislation in Response to COVID-19

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

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Aug 5, 2020
Featured Insight

Federal Court Defends CASL, Says Prohibition on Spam is Constitutional

he FCA ruled that CASL's provisions relating to the regulation of commercial electronic messages are constitutional, despite challenge from CompuFinder

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Jul 1, 2020
Featured Insight

Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement

Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations

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May 26, 2020
Featured Insight

COVID-19: Alberta Government Announces List of Essential Services

Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.

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Mar 29, 2020
Featured Insight

What Are “Moral Damages” Worth? Quebec Court of Appeal Limits when Consumers’ Frustration Constitutes a Recoverable Harm

The Quebec Court of Appeal's decision in Meubles Léon v. Options Consommateurs sheds light on when a "moral damage" is recoverable.

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Mar 2, 2020
Featured Insight

How Should AI be Regulated in Canada? Speak now, or forever hold your peace!

Many organizations recognize the potential benefits that artificial intelligence can bring to their business. Canadian regulations coming sooner than later.

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Feb 24, 2020
Featured Insight

Under the Influence: The Canadian Competition Bureau’s Stand on Misleading Product Endorsements

The Competition Bureau has sent letters to advertisers and advertising agencies warning them to ensure that their Influencer advertising complies with the law.

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Dec 30, 2019
Featured Insight

Ontario Court Suggests Terminated Salespeople are Fish Out of Water

Recent Ontario decision calls into question prior holdings about the transferability of salespersons' skills.

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Dec 16, 2019
Featured Insight

FlightHub Experiences Some Turbulence Courtesy of the Competition Bureau

The Competition Bureau's announcement of its investigation into FlightHub and the registration of a "temporary consent agreement" is analyzed in detail.

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Nov 1, 2019
Featured Insight

The Next Phase of Canadian Cannabis: What to Expect in 2019 and Beyond

On June 14, 2019, Health Canada unveiled its Final Regulations for New Cannabis Products

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Jun 21, 2019
Featured Insight

TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019

On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.

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Jun 4, 2019
Featured Insight

Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws

On May 21, 2019, the Canadian federal government released a proposed Digital Charter

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May 23, 2019
Featured Insight

New Ad Standards Advertising Dispute Procedure

Advertising Standards Canada, an industry body commonly known as Ad Standards, has, for many decades, run both consumer complaint and competitor dispute processes with respect to advertising that may run afoul of its Canadian Code of Advertising Conduct.

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May 20, 2019
Featured Insight

Trademark “Use” in the Normal Course of Trade: Revisited

The recent Federal Court of Appeal decision in Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP [1] ("Cosmetic Warriors") revisits what constitutes “use” of a trademark in the normal course of trade.

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May 14, 2019
Featured Insight

A Roundtable with the Commissioner – Thoughts on effective engagement with the Competition Bureau

Join Commissioner of Competition John Pecman and senior officials from the Competition Bureau for an "insider" discussion of the most effective ways to make your case to the Competition Bureau.

Details
May 3, 2018 - 4:15 PM to 6:00 PM
Featured Insight

Bud Branders (still) Beware: Your Guide for the Cannabis Packaging and Labeling Requirements

June 2018, Before Cannabis products hit the shelves, producers will need to comb through Regulations to ensure they remain onside of mandated branding practices

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Apr 2, 2018
Featured Insight

Bud Branders Beware: Proposed Cannabis Packaging and Labeling Requirements Don’t Leave Room for Imagination

Bill C-45 provides summary of feedback received during Health Canada's 60-day public consultation period on its proposed regulatory approach and also provides clear guidance on packaging and labeling

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Apr 2, 2018
Featured Insight

What’s the use? Federal Court revisits the requirements for use of a trademark in association with goods

Recent Federal Court decision in Cosmetic Warriors Limited v Riches revisits statutory requirements for use of trademark in association with goods.

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Feb 6, 2018
Featured Insight

Seller Beware: The Dangers of Sales Language

Winning a bid dangerous when materials use exaggerated hyperbolic language and contain injudicious claims to performance suitability reliability and functionality of goods or services offered

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Jan 19, 2018
Featured Insight

The Top 10 Trademark Cases of 2017

McMillan LLP's Intellectual Property group welcomes readers into 2018. Our gift is a top 10 list of trademark cases from Canadian case law from 2017

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Jan 15, 2018
Featured Insight

Proposed Changes to the Competition Bureau’s Immunity Program Will Undermine Effective Cartel Enforcement in Canada – Comments of McMillan LLP on the Consultation Draft dated October 26, 2017

Several proposed revisions to Immunity Program under the Competition Act will have unintended but serious consequence of decreasing applications for immunity

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Jan 1, 2018
Featured Insight

“G I didn’t know!” is No Excuse: What You Need to Know About the Changes to Geographical Indicators in the Trade-marks Act

"G I didn't know!" is No Excuse: What You Need to Know About the Changes to Geographical Indicators in the Trade-marks Act

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Nov 28, 2017
Featured Insight

CSA Provides Guidance to Registrants on Cyber Security and Social Media

CSA Provides Guidance to Registrants on Cyber Security and Social Media

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Nov 1, 2017
Featured Insight

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

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Jun 7, 2017
Featured Insight

Changes to TSX-V Policy 5.2 to Impact Issuers – Undertaking a Change of Business or Reverse Takeover

Changes to TSX-V Policy 5.2 to Impact Issuers - Undertaking a Change of Business or Reverse Takeover

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Feb 1, 2017
Featured Insight

Are You Ready for CASL’s Private Right of Action?

Are You Ready for CASL's Private Right of Action?

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Jan 30, 2017
Featured Insight

Canada Finalizes Changes to Nutrition Labelling Requirements for Packaged Foods

Canada Finalizes Changes to Nutrition Labelling Requirements for Packaged Foods

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Dec 30, 2016
Featured Insight

Health Canada Consultations on the Prohibition of Partially Hydrogenated Oils in Foods and Front-of-Package Nutrition Labelling

Health Canada Consultations on the Prohibition of Partially Hydrogenated Oils in Foods and Front-of-Package Nutrition Labelling

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Dec 15, 2016
Featured Insight

Making Better Food Choices: Health Canada’s Vision for Canadians

Making Better Food Choices: Health Canada's Vision for Canadians

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Dec 14, 2016
Featured Insight

The Canadian Food Inspection Agency’s Food Labelling Modernization Initiative: Phase III Discussion Paper and Questionnaire Launches

The Canadian Food Inspection Agency's Food Labelling Modernization Initiative: Phase III Discussion Paper and Questionnaire Launches

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Dec 5, 2016
Featured Insight

What’s the CFL made of? Not Pizza Pizza: Grey Cup Ticket promotion goes awry

What's the CFL made of? Not Pizza Pizza: Grey Cup Ticket promotion goes awry

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Dec 5, 2016
Featured Insight

Astroturfing: What’s Real Online

Astroturfing: What's Real Online

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Oct 22, 2015
Featured Insight

CRTC Imposes $1.1 Million Penalty for Alleged CASL Violation

CRTC Imposes $1.1 Million Penalty for Alleged CASL Violation

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Mar 7, 2015
Featured Insight

No More Misleading Advertising Class Actions?

No More Misleading Advertising Class Actions?

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Jan 6, 2015