Advertising Claims Substantiation

Summary

This practice note discusses advertising claims substantiation under the Competition Act, R.S.C. 1985, c. C-34, the affirmative obligation of which is on the advertiser. It includes a discussion of the requirements for the proper substantiation of comparative and performance claims, and preference or perception claims, sets out the types of claims that require substantiation, and the rules surrounding environmental friendliness claims. As well, it sets out methods that advertisers use to convey superiority without actually making a claim that needs substantiation. Last, it includes case law decided in competition bureau enforcement actions relating to advertising and marketing, and case law relating to claim substantiation as well as relief granted.