Smart & Biggar

The members of our marketing & advertising law group have broad experience and expertise in issues relating to the advertising of products and services in Canada and the rules and regulations relating to marketing at all levels of government. Our group assists with the review of advertising materials to ensure compliance with relevant legislation and regulations for all types of media, including print, radio and television broadcasting and materials for online distribution. Our representation of various industries is diverse, with pharmaceutical, food industry, personal care products, agricultural and financial sector clients being among those for whom we provide this type of review and advice. We have substantial experience with issues relating to promotional campaigns such as:

• advertising claim substantiation
• drafting and negotiation of joint promotion and co-branding agreements
• comparative advertising
• sponsorships
• issues arising in the context of social media advertising campaigns

The special rules and regulations that apply to contests, sweepstakes, coupon and point of sale promotions at the provincial and federal levels of government in Canada, is an area in which our clients have frequently called upon our expertise.

In the field of marketing, our work includes the review of product labels compliance with labelling requirements and appropriate trademark identification. We also have an in-depth knowledge of the English and French language requirements for Canadian signage and packaging, including substantial experience and expertise in connection with the requirements of the Charter of the French Language in the Province of Quebec. Representative of our experience, we successfully represented the International Trademark Association (INTA) as an intervenor in Quebec litigation concerning the interpretation of the Charter of the French Language. We frequently provide advice regarding Canadian legislation, regulations and guidelines affecting the importation and sale of a wide variety of products in this country.

Our litigation lawyers have substantial experience representing famous brand owners in a wide range of litigation, disputes and investigations in the advertising and marketing fields, including anti-competition allegations, false or misleading advertising claims (including in respect of Advertising Standards Canada disputes), and disputes regarding comparative advertising and product compatibility claims. Our partners are among Canada’s leading trial lawyers, and we have considerable experience and expertise in connection with consumer surveys and scientific testing in the context of these actions.