CANADA Law and Practice Contributed by: Martha Harrison, Nikiforos Latrou, Eugenia (Evie) Bouras and Marissa Caldwell, McCarthy Tétrault
generally prohibits public advertising of tobacco and vaping products. It also bans misleading representa - tions, endorsements (including fictional characters or animals), contests, rebates and similar promotions. Limited exceptions exist for “brand-preference” and “information” advertising, which must appear in pub - lications addressed to named adults or in locations where youths are legally prohibited. In addition to fed - eral restrictions, provincial regulations govern the con - tent and display of tobacco-related advertisements, particularly within provincially licensed tobacco retail - ers. Drugs and Medical Devices The advertising and promotion of medicines, medical devices, and surgical or medical procedures is pri - marily regulated by Health Canada under the Food and Drugs Act, its associated regulations, and various policy directives. The term “health products” encom - passes a broad range of categories, including medical devices, prescription drugs, natural health products, biologics and biosimilars, veterinary health products, and controlled substances such as opioids. At its core, the Food and Drugs Act prohibits adver - tising that is false, misleading or deceptive, or that creates an erroneous impression about a product’s characteristics, value, performance or safety. Health Canada’s Guidance on the Distinction Between Adver - tising and Other Activities for Health Products further clarifies how promotional messaging is assessed, out - lining the factors used to determine whether materials are subject to advertising restrictions. Certain prod - ucts – such as opioids and some veterinary health products – require pre-clearance from Health Canada before marketing. Additionally, the terms of a prod - uct’s regulatory approval (eg, notice of compliance, drug identification number, medical device licence) dictate the scope of permissible claims and repre - sentations. Foods and Beverages The Food and Drug Regulations, under the Food and Drugs Act, set out specific requirements for nutrient content claims related to various nutrients, vitamins and minerals. Claims such as “free of fat”, “low in fat”, “fat free” and “reduced in fat” are strictly lim - ited to the exact phrasing permitted by the Food and
Drug Regulations, and the product must meet the prescribed compositional standards to support the claim. Separate standards apply to saturated fats, trans fats, and omega-3 and omega-6 polyunsatu - rated fatty acids. Similarly, carbohydrate and sugar- related claims – including “free of sugar”, “lower in sugar” and “no added sugar” – are restricted to those explicitly allowed under the regulations. Claims such as “source of complex carbohydrates”, “low carbohy - drate” or “light” (when referring to sugar or carbohy - drate content) are generally prohibited. Sodium and salt claims are also tightly regulated; while terms such as “free of sodium”, “low in sodium” and “sodium/ salt reduced” are permitted under specific conditions, claims such as “very low sodium” are not allowed for foods sold in Canada. Gaming and Gambling Services The advertising of gaming and gambling services in Canada is governed by the federal Criminal Code, which prohibits the promotion of illegal lotteries. However, exceptions exist for gambling activities conducted and managed by provincial governments or licensed charitable organisations. If the activity is legally licensed by a province or municipality, its advertisement is also permitted – provided it com - plies with the advertising conditions set by the rel - evant regulator. Ontario is currently the only province that allows pri - vate operators to offer internet gaming services, such as online casinos and sports betting, to individuals physically located within the province. These opera - tors must obtain a licence from the Alcohol and Gam - ing Commission of Ontario and comply with its Regis - trar Standards for Internet Gaming. These standards prohibit public-facing advertisements that include offers, bonuses or inducements unless they appear on the operator’s licensed gaming site or are sent via direct communications (eg, SMS or email) with the recipient’s consent. Additionally, advertisements must not appeal to minors, be false or misleading, or sug - gest that winning is a likely outcome. 10.2 Product Placement See 3.5 Special Rules for Native Advertising as relates to disguised advertising. In so far as advertise - ments feature product placement, claims or sublimi -
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