Canada's New Anti-Spam Law and Other Advertising Laws: Compliance Strategies for U.S. and Canadian Businesses Amid Aggressive Enforcement

New CASL requirements take effect July 1

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, June 17, 2014

Recorded event now available

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Course Materials

This CLE course will examine the latest developments in the enforcement and application of Canadian advertising laws, including a review of the new Canadian Anti-Spam Law (CASL) that goes into effect July 1, 2014. The panel will discuss best practices for U.S. and Canadian advertisers and marketers promoting products and services to consumers in Canada to ensure compliance with all applicable laws.

Description

Canada's Competition Bureau has pledged to continue its enforcement efforts with respect to misleading advertising directed at Canadian consumers. Recent Bureau enforcement actions and the resulting decisions have addressed pricing and performance claims, the use of disclaimers, and the proper application and scope of the “general impression test.”

In addition, the new Canadian Anti-Spam Law (CASL) goes into effect July 1, which will result in significant new restrictions on certain electronic marketing communications to Canadians.

To effectively minimize legal risk, counsel to businesses promoting products and services to customers in Canada must advise clients of the basic rules that apply to electronic marketing, price and performance claims, sales and other promotions (including contests), disclaimers, and the enforcement agencies’ continuously evolving approaches to regulating advertising practices.

Listen as our authoritative panel explains best practices for counsel to companies and associations conducting advertising and marketing campaigns in Canada. The panelists will review current Competition Bureau enforcement developments, the requirements of CASL, and compliance strategies to avoid or minimize allegations of misleading or unlawful advertising.

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Outline

  1. New Canadian Anti-Spam Law (CASL)
  2. Latest Competition Bureau enforcement trends related to misleading marketing
  3. Best practices for advertisers/marketers
    1. Misleading representations
    2. Comparative claims and advertising
    3. Price claims
    4. Performance claims
    5. Sales and promotions

Benefits

The panel will review these and other key questions:

  • What are the latest trends and developments in the Competition Bureau's enforcement of Canada's advertising laws? How do these developments compare/contrast with the latest developments in the U.S.?
  • What steps should businesses take to ensure compliance with the new Canadian Anti-Spam Law?
  • What kinds of safeguards are needed to ensure that price, performance or comparative claims or the use of disclaimers do not violate the Competition Act?

Faculty

Anita Banicevic
Anita Banicevic
Partner
Davies Ward Phillips & Vineberg

Ms. Banicevic advises domestic and international clients on many aspects of Canadian competition and foreign...  |  Read More

Mark C. Katz
Mark C. Katz
Partner
Davies Ward Phillips & Vineberg

Mr. Katz has advised domestic and international clients on a wide variety of competition law matters, such as...  |  Read More

Christopher M. Loeffler
Christopher M. Loeffler
Kelley Drye & Warren

Mr. Loeffler has a transactional and regulatory practice focused on advertising, licensing, new media, sponsorships,...  |  Read More

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