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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 (10 Posts)View More

Featured Insight

Updated Bill 96 Regulations – In the End, Status Quo Mostly Prevails, Except When it Comes to Size

On June 26, 2024, a Regulation was published, aiming to clarify and complement certain amendments made to the Charter of the French Language under Bill 96

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Jul 3, 2024
Featured Insight

Warning For Businesses: Companies Can be Liable for Tort of Bribery Even if They Did Not Intend to Pay or Receive a Bribe

Businesses with a duty to provide impartial advice must take steps to ensure the payments they make or receive are not later interpreted as bribes.

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Apr 12, 2024
Featured Insight

Behind the Screen: Navigating Law Enforcement Requests Post R v. Bykovets

Implications for law enforcement and private online companies responding to law enforcement requests for IP address information following R v. Bykovets.

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Mar 22, 2024
Featured Insight

2024 Update: Risks of Anonymized and Aggregated Data

The ability to glean personal information from both anonymized and aggregated data creates a risk of re-identification.

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Feb 21, 2024
Featured Insight

Competition Act Amendments Proceed at Pace

Bill C-56, the Affordable Housing and Groceries Act, part of the federal government’s efforts to overhaul the Competition Act, has received Royal Assent.

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Dec 28, 2023
Featured Insight

CAI Guide to Drafting Website Privacy Notices

This bulletin summarizes the guidance from the Quebec privacy regulator on website privacy notices regarding their content and tips for clear drafting.

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Dec 20, 2023
Featured Insight

Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes

We provide a summary of far-reaching Competition Act amendments proposed in 2023.

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Dec 5, 2023
Featured Insight

Competition Bureau Settles Investigation into Deceptive Marketing Practices

Competition Bureau settles claims of deceptive marketing practices following investigation into pricing & marketing practices - $3.25MM penalty

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Oct 30, 2023
Featured Insight

Competition Act Amendments on a Rocket Docket

Bill C-56 introduces amendments to the Competition Act, which are described as addressing rising grocery prices, but which have much broader implications.

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Sep 26, 2023
Featured Insight

Competition Bureau gets into the weeds of the Cannabis Act

The Competition Bureau's submission to support Health Canada's legislative review of the Cannabis Act investigates the competitive dynamics of cannabis industry

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Sep 6, 2023