Advertising, Marketing & Regulatory

Helping organizations in all sectors understand their business.

Bereskin & Parr’s Advertising, Marketing & Regulatory group is committed to supporting marketers and legal counsel in achieving success with their marketing campaigns. We also are committed to helping our clients meet regulatory standards required to bring their products to the consumer. We achieve these goals by ensuring compliance with relevant laws and regulations. We understand the importance of considering potential issues regarding privacy, data collection, trademark, copyright and the right to publicity in every matter. Moreover, we strive to keep our clients up to date on regulatory changes that can impact their marketing and advertising efforts in Canada.

Whether you are seeking timely advice on an upcoming product launch, a review of contest rules or labelling, or an opinion on advertising claims, our knowledgeable team is ready to assist. Some of the services we provide include:

Advertising

• Reviewing print, broadcast and online advertising of consumer goods and services.
• Delivering legal expertise on false or misleading claims under the Competition Act.
• Providing legal advice on comparative advertising claims.
• Advising on advertising to children.
• Obtaining clearance on advertisements from various regulatory agencies.
• Assisting clients to respond to complaints about their advertisements by consumers, competitors or regulators.
• Advising clients on challenging competitors’ advertisements through the courts and Advertising Standards Canada.
• Counseling clients on greenwashing and environmental claims.

Marketing

• Guiding clients on consumer promotions such as contests and coupon programs.
• Advising clients on consumer protection legislation.
• Providing legal insights on social media marketing and advertising, including compliance with the Competition Bureau’s guidelines on influencer marketing.
• Assessing legal considerations of advertising within the metaverse.
• Advising clients on Amazon’s Brand Registry program.
• Identifying potential issues on brand development, unsolicited email distributions and use of third-party marks within SEO strategies.

Regulatory

• Advising on compliance with Health Canada’s Food and Drugs Act and Regulations.
• Providing assistance with the import, sale and advertisement of regulated products in Canada including food, drugs, cosmetics, medical devices, and alcohol.
• Responding to enforcement actions by Health Canada or the Canadian Food Inspection Agency (CFIA).
• Advising on the Natural and Non-prescription Health Products Directorate (NNHPD) and assisting with NHP submissions.
• Assisting with Certificates of Supplementary Protection (CSP) applications.
• Listing patents in accordance with the Patented Medicines (Notice of Compliance) Regulations.
• Advising on and ensuring compliance with the Patented Medicine Prices Review Board.

Contests

• Drafting and reviewing contest rules, disclosures, promotional materials and related privacy policies.
• Preparing winner releases and advising on prize fulfillment requirements.
• Aiding in compliance for contests accessible to Quebec residents.

Packaging & Labelling

• Reviewing packaging and labeling to ensure compliance with regulatory requirements, including Front of Package Labelling Requirements.
• Advising on mandatory labeling requirements, including bilingual labeling for goods sold in Canada.
• Assisting with the preparation of compliant ingredient lists and nutrition information panels, including the Nutrition Facts Table.
• Advising clients on health and nutrition claims and other product claims made on packaging or labeling.
• Outlining requirements for special labeling, including products marketed as organic or non-GMO.
• Providing direction on the use of symbols and graphics on packaging and labeling.
• Assisting with necessary approvals or certifications for specific labeling claims or packaging materials.

Quebec French Language Requirements

• Offering recommendations on compliance with the Quebec Charter of the French Language, regulations adopted there under and the impact of Bill 96.
• Negotiating on behalf of clients with Office québécois de la langue française (OQLF) on signage, advertising and labelling in Quebec.