Articles
THOUGHT LEADERSHIP
Consultation on Cosmetics Advertising Guidance now Open
Feedback can be submitted until January 17, 2025, providing an important chance to influence guidelines that will guide the industry forward.
28 November, 2024
Kelly Harris Ranked in 2025 Chambers Canada Guide for Advertising + Marketing Law
Kelly Harris has again been ranked for Advertising + Marketing law by Chambers Canada in its 2025 Guide.
27 September, 2024
Cineplex Pays $39M in Landmark Drip Pricing Case
The Competition Tribunal has ordered Cineplex Inc to pay nearly $39 million for engaging in drip pricing, marking a significant development in Canadian advertising law. This is the first order issued following the 2022 introduction of higher administrative monetary penalties, and also the first decision interpreting the new civil drip pricing prohibitions.
24 September, 2024
Kelly Harris Recognized as Advertising Law Expert by Best Lawyers in Canada™
Kelly Harris once again recognized for expertise in Advertising and Marketing Law by Best Lawyers in Canada™
29 August, 2024
Competition Bureau Issues new Greenwashing Guidance
The Competition Bureau has published interim guidance with tips for businesses on how to navigate environmental claims in its Deceptive Marketing Practices Digest. This follows the newly-added greenwashing provision in the Competition Act, which was passed into law on June 20, 2024 and requires businesses to have adequate testing or substantiation to support certain environmental claims. The Bureau intends to develop detailed guidance in consultation with Canadians regarding how and when the Bureau will take action under the new greenwashing laws.
22 July, 2024
Privacy Commissioner of Canada Uncovers Dark Patterns on Majority of Websites and Apps in Recent Global Privacy Sweep
Recent global sweep of over 1,000 websites and mobile apps by the Privacy Commissioner of Canada and 25 global privacy enforcement authorities found that a majority used dark patterns.
10 July, 2024
Harris + co. Contributes to Mondaq’s Advertising, Marketing and Promotion Comparative Guide
We are pleased to contribute to Mondaq’s Advertising, Marketing and Promotion Comparative Guide as Contributing Authors of the Canada chapter. Our chapter providing an overview of the key points of Canadian advertising and marketing law can be accessed through Mondaq's website here, and the stand-alone article can be accessed here.
02 July, 2024
Canada Passes Laws Prohibiting Greenwashing
Canada's House of Commons passed Bill C-59, reforming competition law by imposing stricter regulations on green advertising, drip pricing, and ordinary selling price, with some provisions taking immediate effect and others starting on June 20, 2025.
21 June, 2024
Online Streaming Services to Contribute 5% Revenue to Support Canadian Content under New CRTC Policy
The CRTC mandates online streamers to contribute 5% of Canadian revenue for local news, French, Indigenous, and diverse content from 2024-2025, aiming to generate $200M annually.
17 June, 2024
Canada’s Privacy Commissioner Cracks Down on Privacy Compliance
Canada's Office of the Privacy Commissioner (OPC) announced that it would that it would be investigating a privacy breach at the global direct-to-consumer genetic testing company 23andMe. This investigation, along with other similar investigations, highlight the OPC's commitment to protecting and promoting privacy, advocating for privacy during technological change, and championing children's privacy rights.
12 June, 2024
SiriusXM Hit with $3.3 Million Penalty for Misleading Subscription Pricing
SiriusXM is to pay $3.3 million in a settlement agreement with the Competition Bureau over drip pricing practices and hidden fees in price advertising.
06 June, 2024
Are You Ready? Canada’s Modern Slavery Report Due May 31
Reports are due May 31st for certain companies doing business in Canada with reporting obligations under the Fighting Against Forced Labour and Child Labour in Supply Chains Act.
24 May, 2024Competition Bureau Calls for Feedback on AI and Competition in Canada
Competition Bureau seeks feedback on artificial intelligence and competition
16 April, 2024
New edition of Advertising Law: A Global Perspective Released
GALA releases 3rd edition of Advertising Law: A Global Perspective
25 March, 2024Kelly Harris Again Ranked by Lexpert for Advertising + Marketing Law
Kelly Harris has again been ranked for Advertising + Marketing law by Lexpert in its 2024 Legal Guide.
05 March, 2024Animal Testing Now Banned in Canada for Cosmetics
Cosmetics animal testing and trade are now prohibited in Canada, impacting cosmetic labelling and claims about animal testing.
22 December, 2023
Amp Me Issued $1.5M AMP for Purchasing Positive Reviews and Fake Free Trials
The Competition Bureau has reached an agreement with mobile music application Amp Me Inc. regarding the Bureau’s concerns about the false or misleading claims made by the application and its alleged purchase of positive reviews.
05 December, 2023
TicketNetwork to Pay $825,000 for its Misleading Price Advertising
TicketNetwork to pay $825,000 to address misleading pricing claims in the online ticket resale market.
21 November, 2023
Quebec Repeals all Contest Laws
Quebec has abolished its current contest laws, effective as of October 27, 2023.
31 October, 2023
Ontario Proposes New Consumer Protection Law
Ontario has announced new legislation that would replace the existing consumer protection laws, with amendments focusing on prohibiting dark patterns.
26 October, 2023
Canada Introduces New Voluntary AI Code
Canada issues Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems
17 October, 2023
Kelly Harris Again Ranked by Chambers Canada for Advertising + Marketing Law
Kelly Harris has again been ranked for Advertising + Marketing law by Chambers Canada in its 2024 Legal Guide.
05 October, 2023Dufresne Group Pays $3.25M CAD for Dark Patterns and Unsupported Pricing
The clear takeaway is that the Bureau is continuing its focus on enforcing against unsubstantiated regular price representations and dark patterns like false scarcity cues.
28 September, 2023
Privacy Risks Increase in Canada
Quebec's private sector privacy law implements significant changes as the second round of amendments introduced by Law 25 come into force September 22, 2023.
22 September, 2023
Harris + co. welcomes Jane Huang as an Associate
Jane Huang joins Harris + co. as new Associate lawyer.
18 September, 2023
Kelly Harris Named Advertising Lawyer of the Year
Kelly Harris awarded the 2024 Lawyer of the Year for Advertising and Marketing Law in Toronto by The Best Lawyers in Canada™
24 August, 2023
Kids’ Food Advertising to be Restricted
Restrictions on food advertising to kids are coming fast and furious, and from all angles.
11 May, 2023
How to Avoid Greenwashing in Canada
Consumers care about green innovation now more than ever - but green advertising is risky if not properly executed.
07 October, 2022
Penalties Skyrocket for Misleading Advertising in Canada
Deceptive marketing practices are an increased area of legal risk for advertisers, as penalties jump to up to 3% of annual worldwide gross revenues.
24 June, 2022How to Avoid Pitfalls in Pricing Promotions
Have you ever considered the legal rules when advertising the price of a product? Stay on the right side of Canadian law by keeping these key pitfalls in mind before structuring a sale.
13 March, 2022
Claim Substantiation
What do advertisers really need to know to stay on the right side of the law? Here’s a primer on the key legal considerations to keep in mind when planning your next claims and campaigns.
17 January, 2022
Navigating Disclaimers
What's a main claim versus a disclaimer? When can you use a disclaimer?
05 January, 2022
