Canadian Lexpert Directory

Best advertising and marketing lawyers in Canada as ranked by Lexpert

The practice of Advertising & Marketing Law is generally understood to include the review of:

• promotional materials relating to contests, coupon and premium promotions and other such offers;
• advertising copy review including online, television, radio and print ads to ensure claims will be properly supported and all required agreements/documents prepared;
• advising on online, digital, direct mail and telemarketing issues;
• advising with respect to the marketing, advertising, packaging and labelling of all types of products including food, drugs, cosmetics and medical devices;
• ensuring compliance with federal and provincial laws with respect to advertising;
• the pursuit or defence of challenges related to alleged misleading advertising;
• book, film and photograph rights negotiation; preparation of marketing and advertising related agreements such as sponsorship, distributorship, merchandising and licensing agreements (including negotiation of personality rights, copyright and trademark rights);
• importation of foreign source advertising; arbitrations and representation of clients at Advertising Standard Council hearings.

The best advertising and marketing lawyers are able to work on any number of the above areas, but some specialize in certain areas of the law more than others. Scroll through the lawyer profiles below to find the right advertising and marketing lawyer for your needs.

What do advertising and marketing lawyers work on?

Marketing and advertising lawyers work in a branch of the law which governs how products and services should be marketed and advertised in a fair and truthful manner with regards to its quality, quantity, or price. The law also provides for the rules regarding the packaging of the products, its pricing, proper promotion, and even its distribution.

What are the advertising and marketing laws in Canada?

Canadian advertising and marketing law is composed of federal laws and provincial laws. These laws are in addition to other general laws regulating advertising and marketing, and specific laws of certain application. Sector-specific and profession-specific codes of conduct are also a part of the advertising and marketing law in Canada.

With all the intricacies of marketing and advertising law in Canada for civil and criminal prosecution, especially with high-risk areas or products, advertising and marketing lawyers are specialized in the field to guide producers, marketing companies and agencies, and even vendors.

Competition Act

At the federal level, the Competition Act is the main law which advertising and marketing lawyers look to. The Act contains general provisions against materially misleading advertising practices or false marketing representations. It covers testimonials and endorsements (or influential marketing); performance claims; guaranties or warranties; and false representations on selling prices or “ordinary selling price” (OSP) claims and sales.

The government agency tasked in enforcing the Competition Act is the Competition Bureau, and the agency where consumers may also file a complaint. It is also the agency which will determine whether to purse civil or criminal actions against violators of the said Act, either done recklessly or deliberately.

Violators of the Competition Act may be imposed of the following penalties:

• Violation of the civil aspect – cease and desist said malpractices or misrepresentation, payment of fines and restitution to offended consumers, and publishing of notices rectifying said errors.
• Violation of the criminal aspect – cease and desist said malpractices or misrepresentation, imprisonment, and criminal fines.
• These are serious penalties which can drastically impact a company and are why an advertising and marketing lawyer is advised to be contacted in advance of going to market.

Canadian Anti-Spam Law (CASL)

The CASL generally requires advertisers and marketers to acquire express or implied consent to send commercial electronic marketing messages (or CEMs) – either through email, text, social media interactions, or other electronic messages – which encourages consumers to participate in a commercial activity, regardless of whether it is for profit or not. The law also requires specific sender identification, unsubscribe and record-keeping obligations on these electronic marketers. For CASL, the main government agency tasked with its enforcement is Canadian Radio-television and Telecommunications Commission (or CRTC) where violators of the said law may be imposed with severe fines. With consumers making Increasing complaints about spam, it's important to contact an advertising and marketing lawyer to be sure that you are within the confines of the law.

Territorial or Provincial Consumer Protection Legislations

As part of Canadian marketing and advertising law, consumer protection legislations or statutes are also in force among certain provincial and territorial jurisdictions. These laws may differ from each other in certain terminologies, but in general, these laws prohibit misleading claims and representations, provide for rules governing specific industry sectors, and prohibit unfair marketing and advertising practices in any consumer transaction. Some of these protection legislations are Ontario Consumer Protection Act, and the British Columbia Business Practices. Be sure to speak with an advertising and marketing lawyer in your province to be sure that you have covered all of the applicable laws in your province.

Who do advertising laws protect?

Advertising and marketing law protects consumers against any misleading sales claims and unfair business practices, which is intended to wrongfully induce or influence consumers into buying products or availing services which are not really what they seem or purport to be. These laws have also established remedies for victims of these illegal advertising and marketing practices against these dishonest vendors, which advertising and marketing lawyers can be hired for.

What rules do advertising and marketing lawyers deal with?

Under the Competition Act and other advertising and marketing laws, the following are some of the rules of marketing and advertising:

• Prohibition against drip pricing, which occurs when a product or service is offered at a price that is unattainable due to the additional charges or fees imposed upon the consumers
• Prohibition against multi-level marketing (MLM) to make any compensation claims, except if there is disclosure of the amount of money more likely to be earned by a typical participant
• Prohibition against pyramid selling schemes
• All statements, representations, warranties and guarantees must be supported by “adequate and proper” testing, and that there should be scientific and evidentiary basis for such
• Prohibition against the use of distorted tests and testimonials
• Prohibitions against double ticketing which occurs when a product is supplied at a price that exceeds the lowest of two or more displayed prices
• Prohibition against misleading “ordinary selling price” when it is inflated to create the illusion of offering a better deal
• Prohibition against bait-and-switch advertising, where an advertiser promotes a product at a reduced price, but is not available for sale in large quantities, although there are available stocks
• Prohibition against sending consumers deceptive prize notices stating that they have (or will win) a prize on a condition of paying for a fee, among other conditions
• Requiring the organizers of promotional contests to disclose the number and approximate value of its prizes, and any other relevant information relating to the chances of winning of the participants
• Prohibition against deceptive telemarketing and false representations in electronic messages and web addresses

The best advertising and marketing lawyers in Canada, found below, will be able to help you make sure that you do not fall under any of these prohibitions.

What is the purpose of advertising laws?

Generally, advertising and marketing laws are there to ensure that the costumers’ rights are protected. The law also provides for legal remedies that these customers may take against these deceptive marketing practices. Also, by regulating businesses, vendors, marketers and advertisers, fair competition would be established among these entities.

Why are advertising laws important?

By following these advertising and marketing laws, it does not only benefit the businesses’ compliance with the federal or provincial government, but also because it establishes the consumers’ trust in their products. Truthful marketing and advertising practices make up better company reputation and result in better demand and sales.

Need to consult with someone about advertising and marketing law? see the list of the best advertising and marketing lawyers below.