Advertising & Marketing Law

Registration and Continental Breakfast

Co-Chair Opening Remarks

Candice Kloes
Counsel, Marketing & IP, Canada & International
Tim Hortons, Popeyes, and Burger King Brands

Austin Wong
Head of Legal and Business Affairs
Wattpad WEBTOON Studios

Year-in-Review: Developments in Canadian Advertising and Marketing

Candice Kloes
Counsel, Marketing & IP, Canada & International
Tim Hortons, Popeyes, and Burger King Brands

Austin Wong
Head of Legal and Business Affairs
Wattpad WEBTOON Studios

CLASS ACTIONS FOR ADVERTISING LAWYERS

What You Need to Know Now to Manage Growing Class Action Risk

Kelly Harris
Partner
Harris + Co

Paul-Erik Veel
Partner
Lenczner Slaght

Join us for an in-depth case study on Rebuck v Ford, one of Canada’s most groundbreaking advertising cases in recent memory. Our panelist will provide insights on how this case has changed the Canadian advertising and marketing law class action landscape.

Points of discussion will include:

• A post-mortem of the defense’s success on the merits despite class certification
• An analysis of what constitutes false and misleading evidence under the Competition Act
• An in-depth examination of the Consumer Protection Act

Morning Networking Break

Focus on Green Claims

What It Means to be ‘Green’ – Applying Truth-In Advertising Principles to Environmental Claims

René Bissonnette
Partner
Gowling WLG

Katherine Armstrong
Deputy Director, National Advertising Division
BBB National Programs

• Understanding the new restriction guidance on green claims in Canada
  • Establishing best practices for making a green sustainable claim
  • Developing safeguards for avoiding misleading green claims
• Examining the U.S. approach to green claims per the BBB National Programs guidelines
  • Update in the U.S./Canadian competition authorities’ stance on green claims
  • Examining what regulators and self-regulators are looking for in terms of claims substitution for green claims
• Comparing the U.S. and Canadian approaches
• Promoting environmental claims without pushing “greenwashing”

Focus on Green Claims

Green Claims Case Study: Keurig Canada vs Competition Bureau – Recyclable K-Cup Pod Class Action

Chris Hersh
Partner
Norton Rose Fulbright Canada LLP

This case study will detail the recyclability of the Canada-wide class action lawsuit against Keurig Canada for its false and misleading claims on its k-cup pods. Our speakers will provide insight into the Competition Bureau’s investigation and what led to the conclusion of the case.

• Understanding the impact of recenter enforcement changes to the Keurig Canada vs Competition Bureau case
• Identifying the steps involved to prepare the pods for recycling are false or misleading in certain municipalities
• Determining how to substantiate if your product is recyclable

Networking Luncheon

A Conversation with Ad Standards and The Competition Bureau Concerning New Regulatory Developments in Advertising

Catherine Bate
President & Chief Legal Officer
Ad Standards

Josephine Palumbo
Deputy Commissioner of Competition
Competition Bureau Canada

Hear from representatives of the Competition Bureau and Ad Standards, Canada’s national regulator and self-regulatory organization with oversight of advertising and marketing practices.

Learn about recent developments and their organizations’ priorities for enforcement, compliance, and education in the year ahead. Topics will include:

• Greenwashing and environmental claims
• Drip pricing and other updates to the Competition Act
• New guidance relating to the Canadian Code of Advertising Standards
• Influencer marketing
• Testimonials and reviews
• Trends in complaints and Section 9 applications

Focus on Food Advertising

Part One: Designing Compliant Advertising Programs for Marketing Food to Children

Ron Lund
President and CEO
Association of Canadian Advertisers

Shelley Samel
Senior Legal Counsel
Ad Standards

Pierre Savoie
Partner
LJT Avocat

• Analyzing how new programs rolled out by industry groups including the Association of Canadian Advertisers will work towards meeting the new standards for advertising of food to children
  • Identifying how this program differs from Canada’s previous children’s food and beverage advertising initiative
  • Understanding the scope of who and what is captured in program and how to apply it
  • Determining Ad Standards role in pre-clearance and ramifications for noncompliance in the future
• Examining how agencies, advertisers, and legal professionals coast to coast will adjust their practices and policies to comply to these new developments in food advertising to children

Afternoon Networking Break

Product Labelling Changes: Front of Package Labelling Requirements and the Impact of Bill 96

Angela Giancaterini
Senior Corporate Counsel
Kellogg Canada Inc.

Marisa Muchnik
General Counsel
Ferrero Canada Ltd (Toronto, ON)

In this session, our speakers will provide insights into the recent mandatory changes to front of package labelling, points of discussion will include:

• Understanding how this change will affect food manufacturing and formulations
• Analyzing the new food frontal pack labelling requirements
• Determining how a company might need to change its IP and packaging

Avoiding Unqualified Country of Origin Claims

Pei Li
Partner
Blake, Cassels & Graydon LLP

Over the last several years, there has been an uptick in “Made in Canada” claims. Our speakers will explain how to substantiate these claims as Canadian consumers continue to support local manufacturers.

• Identifying current standards and proposed changes to “Product of Canada” and “Made in Canada” claims
• Understanding what regulators are looking for and examining enforcement on this issue
• Establishing best practices for making “Product of Canada” and “Made in Canada” claims

Co-Chair Closing Remarks
Conference Adjourns to Day Two

Registration and Continental Breakfast

Co-Chairs’ Opening Remarks

Candice Kloes
Counsel, Marketing & IP, Canada & International
Tim Hortons, Popeyes, and Burger King Brands

Austin Wong
Head of Legal and Business Affairs
Wattpad WEBTOON Studios

Understanding How the Evolving Role of Influencers in Canada and how Developments in the U.S. Continues to Change the Marketing and Advertising Playing Field in Canada

Jason W. Gordon
Partner
Reed Smith LLP

Janine M MacNeil
Partner
McMillan LLP

• Assessing the successes vs. fails of recent social media trends and influencer activity
• Understanding what the obligations are as advertisers when engaging with influencers and identifying how to avoid liability
• Determining best practices for dealing with influencer contracts
• Understanding influencer and disclosure requirements

Morning Networking Refreshment Break

False Reviews, Endorsements and Testimonials: Examining the Fight to Stop Them and What Canadian Lawyers Can Learn From American Practices

Marie-Christine Eldridge
General Counsel, Canada
Dentsu International

Marina Seidl
Senior Legal Counsel
Interac Corp

Burtley G. Francis
Partner
Stewart McKelvey

In this session, our speakers will examine governing laws and regulations concerning false reviews and endorsements in Canada and the U.S. They will also provide practical tips on how to curb the practice of fake reviews online.

Points of discussion will include:

• Identifying how Canada can learn from the recent changes to US guidelines
• Understanding The FTC and Canadian Competition Bureau’s latest framework and cases for enforcements and testimonials
• Determining best practices for disclosing material connections

Advertising and Marketing in the Metaverse: A Lawyer’s Guide to A New Digital Reality, Including Blockchain, Crypto, NFTs, and Gaming

Amy Ralph Mudge
Partner
Baker Hostetler LLP

Sonia Carreno
President
Interactive Advertising Bureau of Canada

Austin Wong
Head of Legal and Business Affairs
Wattpad WEBTOON Studios

The metaverse, a universal virtual world, is a huge development for the brand-consumer relationship. It gives brands the ability to offer immersive digital experiences to consumers in a new way with no physical product exchanging hands. However, this brave new virtual world may present a whole universe of legal challenges for advertisers and marketers.

Points of discussion will include:

• Understanding the framework of the metaverse and its legal implications for advertising and marketing
• Examining the role of blockchain and cryptocurrency in the metaverse and the potential legal hurdles they pose to advertising and marketing
• Exploring IP challenges with the metaverse
  • How do block chain, crypto, and NFTs play out in the metaverse
• Exploring legal challenges and risks with NFTs in marketing and advertising
  • Understanding the relationship between IP and the Non-Fungible Token (NFT)
  • Identifying the “dos and don’ts” for advertisers with NFTs
  • Understanding what brands need to think about when implementing an NFT and Metaverse Strategy
• Examining the legal implications for NFT use in gaming

Networking Luncheon

What Advertisers and Marketers Need to Know About the Recent Legalization of Internet Gaming in Ontario

Evie Bouras
Counsel
McCarthy Tétrault LLP

Recently introduced internet gaming in Ontario has gained the attention of advertisers and
marketers. Our speakers will help you:

• Understanding how online gaming advertising will impact the Canadian advertising and marketing space for the years to come
• Identifying the legal implications of this type of advertising
• Determining how to compliantly promote internet gaming in Ontario and the rest of Canada

“Dark Patterns” – What Are They and Are They Unlawful, Unethical or Just Clever Marketing?

Alice Tseng
Principal
Smart & Biggar LLP

Ensure you understand the evolving landscape on what is acceptable and what crosses the line. Our speaker will detail:

• Various examples of dark patterns
• Regulation of dark patterns
• Consequences of engaging in dark patterns

Afternoon Networking Break

New Considerations in Compliantly Executing Promotional Contests and Sweepstakes Under the Competition Act

Ryan Krahn
Legal Counsel
Just Eat Takeaway.com

Elizabeth Manley
Director, Marketing and Trademark Law
Cineplex

• Examining how the Competition Act applies to sweepstakes and promotional contests
• Assessing the contractual obligations of advertising contests and applying force majeure in the case of unprecedented circumstances
• Ensuring adequate and fair disclosure including monetary value, regional allocations, and odds of winning
• Determining how to register your sweepstakes in Canada and how this varies across the world
• Developing strategies for conducting a contest or sweepstakes that covers many jurisdictions

What Advertisers and Their Counsel Need to Know About Privacy Laws: Understanding How New Privacy Legislation in Canada are Impacting Canadian Advertising

Joanna Fine
Partner, Privacy and Data Management
Osler Hoskin & Harcourt LLP

Jill Briggs
Head of Policy and Regulatory Affairs
Interactive Advertising Bureau of Canada

Co-Chair Closing Remarks
End of Conference