Category: Marketing & Health Regulatory

Government of Canada Finalizes Food Labelling Changes

December 21, 2016

On December 14, 2016, the Government of Canada announced amendments to the Food and Drug Regulations (FDR) by publishing the Regulations Amending the Food and Drug Regulations (Nutrition Labelling, Other Labelling Provisions and Food Colours). The amendments will bring significant changes to the labelling of food products, including changes to standardize serving sizes, amend the nutrients listed in the nutrition…

Ban Proposed on the Expiry of Rewards Points in Ontario

December 2, 2016

On October 20, 2016, an Ontario member of provincial parliament introduced Bill 47, Protecting Rewards Points Act (Consumer Protection Amendment), 2016 (Bill). The Bill’s purpose is primarily to prohibit the expiry of rewards points in Ontario due to the passage of time. While private members’ public bills do not frequently become law, this Bill has gained traction and quickly passed…

Professional Hockey Player Did Not Breach Morals Clause in Endorsement Contract, Ontario Court Rules

November 28, 2016

Brand owners have engaged celebrity endorsers to sell products for decades, but not all of them make it through a celebrity endorsement unscathed. O.J. Simpson, Chris Brown, Tiger Woods and Ryan Lochte are among the celebrity endorsers to be dropped by sponsors following personal or professional scandals. In most cases, the sponsor relies on a so-called morals clause to justify…

Quebec Publishes Draft Regulations Requiring the Presence of French on Outdoor Signs

May 10, 2016

On May 4, 2016, the Government of Quebec published proposed Regulations that aim to ensure there is “a sufficient presence of French” on the outdoor signage of establishments on which trademarks appear in a language other than French. These proposed Regulations would amend current Regulations under the Charter of the French Language (Charter) and would require Quebec businesses using non-French…

Made in Canada: Competition Bureau Takes Action Against Moose Knuckles

May 4, 2016

On April 26, 2016, the Competition Bureau (Bureau) filed a Notice of Application (Application) against Moose International Inc. (Moose Knuckles), for alleged false or misleading “Made in Canada” claims in relation to its premium winter jackets. The Bureau is seeking, among other remedies, C$4-million in administrative monetary penalties (AMPs) as well as restitution for Moose Knuckles customers. This Application is…

Time to Prescribe a Dose of Social Media?

January 6, 2016

Blakes hosted a special full-day program focused on the life sciences industry. Videos on a variety of topics discussed at the seminar are now available. Many industries have jumped on the social media bandwagon, but pharmaceutical companies seem to be lagging behind.  Alice Tseng, a Partner in the Intellectual Property group at Blake, Cassels & Graydon LLP, attributes their hesitation mainly…

Canadian Government to Ban Microbeads in Personal Care Products

August 24, 2015

  The Canadian government has published a proposed Order to add plastic microbeads to the Toxic Substances List and has announced it is developing regulations to ban their use.     Microbeads are synthetic polymer particles manufactured to be larger than 0.1 micrometer and smaller than or equal to five millimeters and are commonly used in personal care products such as…

Canadian Competition Bureau Steps Up Enforcement Efforts, Including First CASL-Related Proceeding

March 24, 2015

Although Canada’s Competition Bureau (Bureau) has been focused the past year on enhancing its advocacy and competition compliance roles, the Bureau has also demonstrated its continued willingness to use formal investigative powers and litigation to effect compliance with the Competition Act, particularly in relation to the misleading advertising and abuse of dominance provisions.   This month, the Bureau reached a…

Court Interprets Quebec French Language Sign Requirements, Trade-mark Exception

February 17, 2015

  A recent, lengthy decision gives interesting guidance on Quebec language legislation as to the rules applicable to the predominance of French, the use of trade-marks on signs and in particular the protection for unregistered trade-marks. It also addresses new constitutional challenges to this legislation.   In Quebec v. 156158 Canada Inc., 24 anglophone merchants in the Montréal area challenged…

As Coming into Force Looms, CRTC Publishes Anti-Spam Corporate Compliance Guidance

June 20, 2014

With less than two weeks to go before the coming into force date for the main provisions of Canada’s Anti-Spam Legislation (CASL), the Canadian Radio-television and Telecommunications Commission (CRTC) published a number of infographics and a Compliance and Enforcement Information Bulletin CRTC 2014-326: Guidelines to help businesses develop corporate compliance programs (Compliance Bulletin).     BRIEF BACKGROUND   Designed as one of…