Misleading Advertising and Deceptive Marketing

Summary

This practice note outlines the subject of misleading advertising and deceptive marketing in advertising and marketing law. More specifically, it sets out the particular prohibitions against false and misleading representations under the Competition Act, R.S.C. 1985, c. C-34, including the general criminal and civil prohibitions, false or misleading price related representations, false or misleading advertising using mass communication, and notes on culpability. As well, it explains common representations and tips to avoid false or misleading complaints, including testimonials and endorsements, "Made in Canada" claims, and environmental claims. It also discusses false or misleading claims in the context of the digital world, such as native advertising, astroturfing, and the role of social media influencers. Further, it provides a brief review of disclaimers and sets out false or misleading rebates, including the types of rebates, where liability is attached, and specific examples. ...