Our advertising and marketing group offers a full range of services, from advising on marketing, distribution and supply arrangements to reviewing advertising materials for legal compliance.
We also provide counsel on a variety of initiatives, such as contests, promotions and social media initiatives. We have particular expertise in the regulated products sector (e.g., pharmaceuticals, medical devices, food and beverage products, consumer products, cosmetics, natural health products, and pest control products), and we provide comprehensive advice on all of the regulatory issues affecting product research, testing, approval, post-approval compliance, pricing, advertising and correction/withdrawal/recall.
Our services include advice on
- promotional materials in all media to ensure compliance with the Competition Act, Consumer Packaging and Labelling Act, and Food and Drugs Act
- issues in connection with advertising to children, including content and consent
- comparative advertising claims, including the standards of evidence, the need for Canadian data, and the use of competitors’ trademarks
- claim substantiation, including the need for adequate and proper testing
- social media marketing and issues relating to third-party-generated content
- promotional contests
- defending challenges raised by consumers or competitors, or initiating challenges against competitors, before the Advertising Standards Canada, the Pharmaceutical Advertising Advisory Board, the Competition Bureau, regulatory authorities and various industry associations
- litigation, dispute resolution and arbitration of advertising disputes
- compliance with distribution, marketing, packaging and labelling requirements for regulated products (e.g., pharmaceuticals, medical devices, food and beverage products, consumer products, cosmetics, natural health products, and pest control products)
- compliance with applicable industry codes (e.g., Rx&D Canada’s Research-Based Pharmaceutical Companies Code of Ethical Practices (for prescription drugs); MEDEC Code; BioteCanada Code)
- registration and use of trademarks, including registrability searches, filing and prosecuting applications, tagline searches, use guidelines, licensing and enforcement
- domain names, including registration labelling reviews and “Canadianizing” labels
- product recalls, product withdrawals, corrective action