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Marketing & Advertising

MARKETING AND ADVERTISING  LAW

Marketing and advertising practices are critical to ensuring that your business builds brand awareness, engages customers and increases sales. With the help of Froese Law ensure that your business launches legally compliant marketing and advertising campaigns. 

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Froese Law is an award-winning cross-border branding, corporate and commercial law firm. Our team of lawyers and legal professionals are dedicated to structuring your business, negotiating your contracts and protecting, enforcing and commercializing your brand. Contact us today for a free consultation! 

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  • Manage claims of misleading advertising

  • Manage claims of deceptive marketing practices

  • Canada's Anti-Spam Legislation

  • Consumer protection

  • Privacy law

  • Cannabis marketing

  • Sponsorship agreements

  • Influencer marketing

  • Promotional contests

  • Co-branding agreements

  • Brand ambassador agreements

  • Coupons

  • Gift cards

  • Loyalty programs

  • Advertising to children

  • Defamation

  • Libel 

  • Reputation

  • Endorsement 

  • Testimonials 

  • Performance claims

FROESE LAW SERVICES

What are the elements of a misleading advertisement?

The elements used to consider whether an advertisement is misleading includes:

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  • How was the advertisement presented? Was it posted online, or printed?

  • Was the advertisement made public?

  • Did the advertisement promote a product or business/business interest?

  • Was the advertisement misleading or false? That being, the information being advertised was false.

  • Is the material on the advertisement false? such as the pricing or performance claims.

FREQUENTLY ASKED QUESTIONS

What is comparative advertising? 

Comparative advertising is a creative advertising technique that involves simultaneously advertising your own brand, whilst also comparing it to another brand. This allows consumers to see your brand’s superiority and its differences with other brands in the market.

What is Canada's Anti-Spam Legislation (CASL)?

CASL was created to deter unsolicited commercial electronic messages (CEMs), or as we know it as spam emails. It applies to any individual or company that is sending emails to a recipient in Canada as long as the purpose of the email is to encourage participation in a commercial activity, such as the sale of a product. In order to send a commercial email that is in compliance with CASL, the sender must have either the recipient’s express or implied consent to receive the email or has ensured that the recipient falls under the itemized list of exemptions for consent. CASL dictates the content that is included in the email message, including sender information and unsubscribe mechanisms.

What Happens if  You Don’t Comply with CASL?

The Canadian Radio-television and Communications Commission (“CRTC”) can issue administrative penalties for CASL infractions, which includes monetary penalties. In addition, the CRTC can prescribe corrective measures. As a new piece of legislation, CASL included a sunrise period for private rights of action whereby the cause of action was expanded to also include contravention of PIPEDA and the Competition Act.

What is the difference between "express consent" and "implied consent"? 

It is important to understand the differences between the two types of consent when referring to CASL, because it can be very complex. It is also important to note that under CASL, the onus is always on the sender to prove consent.

 

  • Express consent requires clear and informed consent on the part of the person consenting to receive the messages; and

  • Implied consent is based on the existence of a prescribed relationship between the sender and recipient, or on the presence of a specific set of circumstances​

What is PIPEDA? 

The Personal Information Protection and Electronic Documents Act, is a federal legislation that governs how companies manage, collect, use and disclose third party personal information gathered in Canada in the course of a commercial transaction. 

Are There Restrictions in How you Can Market Cannabis in Canada?

Yes, yes and yes! Branding, marketing and advertising cannabis products, services and accessories in Canada is STRICTLY governed. Packaging and labelling requirements set out for cannabis products are precisely set out. When marketing and advertising cannabis products, services and accessories, there is a razor thin line as to how creative the brand and its marketing techniques can become. There are stringent restrictions on marketing in a way that is appealing to young persons, branding in a way that evokes particular emotions associated with cannabis, there are strict restrictions against testimonials and endorsements, as well as sponsorship activations. Even what is allowed in logos and trademarks is regulated. 

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