CANADA Law and Practice Contributed by: Martha Harrison, Nikiforos Latrou, Eugenia (Evie) Bouras and Marissa Caldwell, McCarthy Tétrault
• disclosure should be in the language of the endorsement and should specifically identify which products or brands are being promoted. Aside from disclosing material connections, advertis - ers can also use disclaimers or footnoted informa - tion to convey additional or completing information to consumers. However, disclaimers cannot be used to correct the general impression of the main message or be used to include material information that should be stated in the main body. Otherwise, the advertise - ment can be challenged as false or misleading under the Competition Act or relevant consumer protection statutes. 2.8 Other Regulated Claims The regulations that outline the requirements for spe - cific claims such as “natural”, country of origin or “free” often depend on the nature of the product and whether such product is governed by a particular stat - ute. For example, claims related to food, cosmetics, drugs and natural health products are governed by the Food and Drugs Act, which has a general prohibi - tion on false or misleading representations or those that create an erroneous impression related to the food’s character, value, quantity, composition, merit or safety. Further, government regulators have set regulatory guidelines interpreting the requirements of the statute. For example, the Canadian Food Inspection Agency provides guidance on when “natural” can be used, typically requiring that the product be free from arti - ficial ingredients and not significantly altered during processing. Claims such as “free from” (eg, “sugar-free”, “gluten- free”) must be accurate and verifiable. For example, “sugar-free” must meet specific thresholds defined by Health Canada. These claims must not imply health benefits unless supported by evidence and must not mislead consumers about the product’s composition. On the other hand, “free” when used in conjunc - tion with price requires that the consumer obtain the product for free without incurring any fees. Of course, whether the claim “free” is determined to be false or misleading will depend on the overall impression of
the advertisement, which is true in all cases – even for products regulated by specific statutes.
3. Limitations and Special Laws 3.1 Representation and Stereotypes in Advertising While there are no federal laws governing representa - tion and stereotypes in advertising, the Code requires that advertisements not condone discrimination based on race, origin, religion, gender identity, sex, sexual orientation, age or disability. They must also avoid promoting or appearing to tolerate violence, bul - lying or unlawful behaviour. Additionally, advertisements must not demean or ridi - cule identifiable individuals, groups, organisations, professions or products. They should not undermine human dignity or promote attitudes that offend public decency without merit. The clause sets a clear stand - ard for respectful and socially responsible advertising, aiming to protect individuals and communities from harmful portrayals. In Québec, the Charter of Human Rights and Free - doms prohibits discrimination in all forms and the dis - tribution, publishing or exhibiting of a notice, symbol or sign involving discrimination. 3.2 Children The province of Québec has the most stringent rules in Canada in respect of advertising to children. Under its Consumer Protection Act, commercial advertising directed at children under 13 is broadly prohibited across all media, including digital platforms, print and broadcast, subject to few exceptions such as store windows, displays, containers, packaging and labels. This includes restrictions on using child-oriented imagery, music, jingles, animated characters, comic strips, or suggesting that any product confers social or psychological advantage. In addition, Ad Standards, Canada’s advertising self- regulatory body, began administering the Code for the Responsible Advertising of Food and Beverage Prod - ucts to Children on 28 June 2023. This Code, along with its companion Guide, sets a national industry
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