Protecting your Instagram account: 4 ways to keep your page open for business
Social media platforms like Instagram are an excellent tool for running an online business. However, conducting your business through Instagram raises a serious risk: account deactivation. Anyone who has experienced a mistaken Instagram account deactivation and tried to appeal it […]
Drip pricing practices prohibited under Canada’s Competition Act
As a result of the June 23, 2022 amendments (the “Amendments”) to the Canadian Competition Act (the “Act”), drip pricing is now expressly recognized as a deceptive marketing practice and prohibited under the civil (subsection 74.01(1.1)) and criminal (subsection 52(1.3)) provisions […]
ECCC Consultation on Food Contact Plastic Packaging Pollution Prevention Plan Requirements
On August 1, 2023, Environment and Climate Change Canada (“ECCC”) published a consultation document to gather views on a proposed requirement for certain retail parties in the food supply chain to develop and implement a pollution prevention plan pursuant to […]
“Product of Canada” and “Made in Canada” claims
“Made in Canada” or “Product of Canada” claims (“Canadian origin claims”) can be a useful marketing tool for companies to differentiate their product and appeal to those consumers who desire to buy Canadian products where possible. Although these claims are […]
Proposed policy on food advertisements directed to children in Canada
Editor’s note: since the date of this article being published, Health Canada has extended the deadline to provide feedback to the Proposed Policy to June 19, 2023. Health Canada has released a policy update which indicates that it intends to […]
Recent consultation on potential amendments to the cannabis regulations
Health Canada recently sought public feedback on potential amendments to the Cannabis Regulations (the “CR”), which were proposed to reduce current regulatory burdens while still addressing public health and safety risks. Noting that the legal cannabis industry has matured since […]
Reminder: New Canadian requirements for food and beverage product advertising that may be directed to children
Ad Standards Canada (“Ad Standards”) has indicated that, later in 2023, it will begin administering and enforcing the Code for the Responsible Advertising of Food and Beverage Products to Children (the “Code”), which requires advertisers to use caution when advertising […]
New regulations for supplemented foods
In 2022, Health Canada introduced the Supplemented Foods Regulations to help better safeguard consumer health and safety while also providing a clear regulatory framework for supplemented foods. The requirements for supplemented foods, including compositional and labelling requirements, are outlined in […]
Bill 96 amending the Charter of the French Language: Key implications for trademark owners
On May 24, 2022, the National Assembly of Québec adopted Bill 96, An Act respecting French, the official and common language of Québec (“Bill 96”), which received assent on June 1, 2022. Bill 96 amends the Charter of the French […]
Consultations on regulatory proposal for disclosure of fragrance allergens on cosmetic labels: Open until April 22, 2023
Health Canada recently announced proposed changes to the Cosmetic Regulations (Canada) in connection with the disclosure of fragrance-based allergens on product labels. It has launched a consultation on this topic, inviting interested parties to provide comments on the proposed changes. The […]
2022 Year in Review – legal updates in Canadian marketing, advertising and product compliance
2022 proved to be an interesting year in the advertising, marketing and product compliance space in Canada. From changes to labelling requirements for foods and natural health products, amendments to Canada’s Competition Act to address drip pricing, an increased focus […]
Food labelling in Canada: New Food Product Innovation initiative changes
On July 6, 2022, the Government of Canada made several changes to the Food and Drugs Regulations (“FDR”) and the Safe Food for Canadians Regulations (“SFCR”) (collectively referred to as the “Regulations”). These changes are the result of Canada’s Food Product Innovation […]
Changes to Canadian natural health products labelling requirements
Following an increase in the use of natural health products (“NHPs”) among Canadians, Health Canada recently released the “Regulations Amending the Natural Health Products Regulations” (the “Amending Regulations”), which came into force on June 21, 2022. These Amending Regulations introduce […]
New mandatory front-of-package nutrition symbol for certain food products in Canada
Front-of-Package Labeling Requirements On June 30th the Federal Minister of Health announced new regulations relating to a mandatory front-of-package nutrition symbol on all prepackaged foods high in sodium, sugars or saturated fat. The symbol has been introduced as a tool […]
Consultation on new guidance for foods sold through e-commerce (open until July 8, 2022)
Health Canada and the Canadian Food Inspection Agency (CFIA) are seeking feedback to inform their development of voluntary guidance for businesses when selling food and beverages to consumers through e-commerce. The guidance would relate to food information, such as labelling […]
Consultations on mandatory labelling of chemicals in consumer products in Canada – Register by March 25, 2022
Environment and Climate Change Canada and Health Canada are inviting interested parties to provide their input on how information on chemical ingredients in certain consumer products should be disclosed. These ongoing national consultations address mandatory labelling for chemicals in consumer […]
Bill 96: An act respecting French, the official and common language of Québec
After much media coverage about anticipated changes to the Charter of the French Language (the “Charter”), the Québec government tabled Bill 96: An Act Respecting French, The Official and Common Language of Québec (the “Bill”) on May 13, 2021 in […]
International contests no longer need to be registered in Quebec
The Province of Quebec is the only jurisdiction in Canada that administers a registration regime regulating contests and sweepstakes. Up until now, all publicity contests open to Quebec residents with prizing worth more than $100 have needed to be registered […]
Competition Bureau cracks down on FlightHub’s marketing practices
On February 24, 2021, a consent agreement (the “Agreement”) was registered with the Competition Tribunal. The Competition Bureau (the “Bureau”) concluded that FlightHub Group Inc. (“FlightHub”), an online travel agency, charged customers hidden fees, authored positive customer reviews to promote […]
The Consumer Privacy Protection Act (CPPA): Increasing accountability and transparency
In a recent MT Cybersecurity Blog, we discussed Bill C-11, the Consumer Privacy Protection Act (the “CPPA”), which was introduced on November 17, 2020, by the Minister of Innovation, Science and Industry with the aim of modernizing federal privacy law […]
Consent and the business activities exemption: A dive into the Consumer Privacy Protection Act (CPPA)
Now in its Second Reading, Bill C-11, the Consumer Privacy Protection Act (“CPPA”), is moving ever closer to adoption. The opening remarks by the Bill’s sponsor, MP Navdeep Bains, emphasized the law’s focus on control and consent with the aim […]
Ad Standards releases 2019 ad complaints and disputes report
Ad Standards Canada (“Ad Standards”) recently published its report regarding ad complaints and disputes that it received in 2019. This article provides an overview and highlights the trends from 2019. Competitor complaints addressed misleading superiority and ranking claims. On the […]
The Competition Bureau is wide awake: Hudson’s Bay Company to pay $4.5 million for deceptive advertising and pricing practices of its sleep sets
Hudson’s Bay Company has agreed to pay an administrative monetary penalty of $4,000,000 and $500,000 towards Competition Bureau costs to resolve a proceeding which started in 2017 relating to Hudson’s Bay Company advertising and pricing practices for its sleep sets […]
Privacy Commissioner consultation on AI
Continuing to highlight the need for reform, the Office of the Privacy Commissioner of Canada (“OPC”) has initiated a consultation on recommendations they have presented to adapt the private sector privacy statute Personal Information Protection and Electronic Documents Act (“PIPEDA”) […]
The Bureau targets privacy: Facebook Inc. to pay the Competition Bureau a $9M administrative monetary penalty for misleading representations
On May 19, 2020, the Competition Bureau (“Bureau”) registered a consent agreement with Facebook Inc. (“Facebook”) after investigating Facebook’s privacy claims in respect of its platform and Messenger service. The Bureau found that Facebook’s claims regarding a user’s ability to […]
Hidden digital costs, unsubstantiated weight loss claims, and drip pricing the focus of the Competition Bureau’s newest Deceptive Marketing Practices Digest
The Competition Bureau of Canada (the “Bureau”) recently released the fifth volume of its Deceptive Marketing Practices Digest. In this latest edition, the Bureau has again focused on issues affecting consumers in the online marketplace, including deceptive privacy practices, unsubstantiated […]
Drip pricing: StubHub enters into $1.3M consent agreement with Competition Bureau
On February 7, 2020, StubHub Canada Ltd. and StubHub Inc. (collectively “StubHub”) entered into a consent agreement with the Competition Bureau (the “Bureau”) after the Bureau’s investigation concluded that StubHub was advertising unattainable ticket prices on its websites, emails and […]
