Misleading Advertising and Labelling
Canadian businesses are often not aware of their responsibilities under the law regarding misleading advertising and labelling. Below are a few things to consider.
The misleading advertising and labelling provisions enforced by the Competition Bureau prohibit making any deceptive representations for the purpose of promoting a product or a business interest. They also encourage providing sufficient information to allow consumers to make informed choices.
In Québec, The Consumer Protection Act provides for additional and complementary rules on marketing in the province.
The false or misleading representations and deceptive marketing practices provisions of the Competition Act contain a general prohibition against materially false or misleading representations.
They also prohibit:
· making performance representations which are not based on adequate and proper tests
· misleading warranties and guarantees
· false or misleading ordinary selling price representations
· untrue, misleading or unauthorized use of tests and testimonials
· bait and switch selling, double ticketing and the sale of a product above its advertised price.
Further, the promotional contest provisions prohibit contests that do not disclose required information.
The Consumer Packaging and Labelling Act, Textile Labelling Act and Precious Metals Marking Act all contain prohibitions about false or misleading representations. They also require certain labelling or marking information to help consumers make informed purchasing decisions.
Businesses are encouraged to learn more about their responsibilities under the law.
Elaine Rosenberg is corporate generalist attorney with substantial inhouse legal experience. She places a high premium on providing preemptive legal support in French or English. Her focus is on real estate development and commercial law, contract drafting and commercial lease negotiation.
