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Practices

Marketing & Advertising

Fasken

Marketing and advertising and other consumer protection laws are being enforced more aggressively throughout the world, particularly in the digital marketplace. We bring a business-focused approach to compliance issues for our clients, working with them to achieve their marketing goals while also minimizing legal risk. We also represent clients in regulator investigations and in defending litigation, including class action litigation.

At Fasken, we advise clients on all aspects of marketing, advertising and consumer protection law, including:

  • Advertising, marketing and promotional campaigns
  • Advertising to children
  • Agency, media buying and advertising services agreements
  • Anti-spam compliance
  • Comparative advertising
  • Contests, promotions & sweepstakes
  • Consumer protection and e-commerce
  •  Consumer protection litigation including class actions
  • Defending regulatory investigations
  • Digital marketing & telemarketing
  • Influencer marketing
  • Loyalty/rewards programs
  •  Multi-level marketing and direct sales, including compliance and licensing
  • Ordinary price claims
  • Packaging and labelling requirements
  • Privacy and data protection and direct marketing/anti-spam
  • Product claims and substantiation reviews
  • Social media advertising
  • Sponsorship and endorsement campaigns
  • Streaming/broadcasting

Contact us before launching advertising or marketing programs in any form, including, electronic communications, traditional media, packaging, labeling, telemarketing, or contests. We’ll review specific language and proposed activities, and advise you of anything that might contravene Canadian laws. We can prepare or review talent, agency, joint marketing and other agreements to facilitate your advertising and marketing programs and ensure compliance with applicable law.

Where necessary, we assist our clients with litigation. Our team is experienced in responding to, and initiating, advertising complaints. We often interact with regulatory bodies, including the Competition Bureau, Ad Standards Canada, the Canadian Radio-television and Telecommunications Commission, the Pharmaceutical Advertising Advisory Board, Health Canada and other provincial regulators. Our multidisciplinary team of competition lawyers and litigators will help you through every stage of a dispute, from fact-finding and risk evaluation through final resolution and enforcement, at trial and appellate levels, in court, at the negotiating table, and before tribunals and government agencies.

To ensure you effectively and efficiently implement your company’s marketing and advertising goals, contact any of our CMFI team members to help you achieve those goals while staying on the right side of the law.

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