Is misleading advertising illegal in Canada?

2021-03-29

Is misleading advertising illegal in Canada?

Under the criminal regime, the general provision prohibits all materially false or misleading representations made knowingly or recklessly. Other provisions specifically forbid deceptive telemarketing, deceptive notices of winning a prize, double ticketing, and schemes of pyramid selling.

How do I complain about false advertising in Canada?

To notify the Competition Bureau about misleading advertising, please use this online complaint form. When the matter relates to labeling or advertising of food, contact the Canadian Food Inspection Agency. You may also wish to contact: Your provincial or territorial Consumer Affairs Office.

What is contained in section 52 of the Competition Act?

52 (1) No person shall, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever, knowingly or recklessly make a representation to the public that is false or misleading in a material …

What Act prohibits misleading advertising and provide an example of an advertisement that is misleading?

The general civil misleading advertising provision of the Competition Act (s. 74.01(1)(a)) prohibits representations to the public, to promote a product or any business interest, that is false or misleading in a material respect.

What is false or misleading representation?

Country of origin claims. Listen. Misleading or deceptive conduct is when a business makes claims or representations that are likely to create a false impression in consumers as to the price, value or quality of goods or services on offer. This is against the law.

Where can I complain about misleading advertising?

If you think an advertisement is misleading, harmful or offensive, you should write to the ASA, complete their online complaints form, telephone their complaints team.

What is misleading advertising under the Competition Act?

The federal Competition Act contains criminal and civil provisions that prohibit false or misleading representations and deceptive marketing practices. These are frequently referred to as the “misleading advertising” provisions of the Act.

What are false or misleading representations under the Competition Act?

The Competition Actprovides criminal and civil regimes to address false or misleading representations. Section 52of the Act is a criminal provision. It prohibits knowingly or recklessly making, or permitting the making of, a representation to the public, in any form whatever, that is false or misleading in a material respect.

Is misleading advertising a crime in Canada?

That said, there have been a number of criminal misleading advertising prosecutions in Canada, with penalties involving jail time, and the Competition Bureau recently reiterated its willingness to use the criminal track in appropriate cases.

What are the laws and regulations for contesting in Canada?

Other laws that frequently apply to the operation of contests in Canada include CASL (Canadian anti-spam law) (if entrant information will be used for electronic marketing), intellectual property law.