Advertising and Marketing Law

Registration and Continental Breakfast

Opening Remarks from Conference Co-Chairs

Gillian Depew
Legal Director, Marketing & Sales
Molson Coors Beverage Company

Kelly Harris
Partner
Harris + Co

30^th Anniversary Conference Retrospective: Lessons Learned and Future Forecasts for Canadian Advertising and Marketing Law

Gillian Depew
Legal Director, Marketing & Sales
Molson Coors Beverage Company

Kelly Harris
Partner
Harris + Co

From print, to radio, to television, to streaming, to the Metaverse and now AI, advertising and marketing in Canada has evolved tremendously, becoming more dynamic, and data-driven. However, the law in governing this space is not always so quick to follow and adapt.

Join advertising counsel from a variety of industries for an open floor discussion on how Canadian advertising and marketing law has evolved over the last 30 years. Our panelists will also examine the jurisprudential challenges posed by new media and technologies in this space.

Themes to be explored, include:

• The historical evolution of advertising and marketing law
• The digital revolution
• The increasing use of online targeted advertising
• The use of influencers
• The forecasted tips, traps and trends in advertising and marketing

REGULATORY DEVELOPMENTS

The New Age of Marketing: Perspectives from Canada’s Leading Advertising Regulators (Competition Bureau and Ad Standards)

Catherine Bate
President and CEO
Ad Standards

Josephine Palumbo
Deputy Commissioner of Competition
Competition Bureau Canada

Moderator:

Laura Weinrib
Partner
Blake, Cassels & Graydon LLP

Join representatives from the Competition Bureau and Ad Standards for an in-depth discussion on Regulatory and Enforcement Priorities for 2024. Topics to be addressed will include greenwashing, new developments in digital advertising, concerns with dark patterns, and new educational initiatives.

Morning Networking and Refreshment Break

SESSION SPOTLIGHT: AI IN ADVERTISING AND MARKETING

Grappling with the Growing Impact of Artificial Intelligence in Canadian Advertising and Marketing: Virtual Influencers, AI Tools, and Targeted Advertising

Alice Tseng
Principal
Smart & Biggar LLP

Austin Wong
Head of Legal and Business Affairs
Wattpad WEBTOON Studios

Moderated by:

Sonia Carreno
President
Interactive Advertising Bureau of Canada (Toronto, ON)

• Examining the latest developments surrounding the use of AI in advertising
• Assessing the legal risks of using of AI created content
• Developing best practices to build explainability and transparency for the use of AI tools in advertising and marketing
• Understanding the ethical and legal implications of virtual influencer marketing with AI
• Analyzing how data obtained using AI tools is being collected, used, and monitored in advertising
• Enhancing AI algorithms to mitigate the risk of biases in advertising and marketing
• Determining whether you need to disclose the use of AI in advertising
• Ensuring AI usage in advertising which is compliant with advertising regulations and consumer privacy and protection laws

Case Study on Comparative Advertising: An Examination of Energizer Brands, LLC, and Energizer Canada Inc. v. The Gillette Company

Jeliah Chan
Partner
Stikeman

Cynthia Mason
Founder
Mason PC

Join us for a case study on the utilization of trademarks in comparative advertising, specifically focusing on the Canada-wide lawsuit involving Energizer Brands, LLC, and Energizer Canada Inc. versus The Gillette Company. Our speakers will offer valuable insights into:

• Whether there were deceptive, false, and or misleading claims under the Competition Act
• The potential impact on the enforcement of comparative advertising regulations in Canada
• How the Energizer Brands, LLC, and Energizer Canada Inc. v. The Gillette Company et al case violates section 22 of the Canadian Trademarks Act

Afternoon Networking Luncheon

Exploring Recent Developments in “Drip Pricing”: A Deep Dive into the Competition Bureau’s Case Against Cineplex Inc.

Dan Edmondstone
Partner
McMillian

Geneviève P. Richard
Sr. Legal Counsel
Rogers Communications

During this session, we will examine the Competition Bureau’s most recent lawsuit against Cineplex Inc., which alleges Cineplex engaged in misleading advertising claims in the form of drip pricing. More specifically, the Bureau claims that Cineplex advertised a lower ticket price than the amount customers were required to pay, by adding a mandatory booking fee. Points of discussion will include:

• Defining drip pricing and understanding the amendments to the Competition Act
• Understanding how the form of drip pricing in the Cineplex Inc. case is misleading and the impact it has on consumer behaviour
• Identifying the enforcement actions and penalties issued by the Competition Act as a result of drip pricing

RECENT DEVELOPMENTS AFFECTING FOOD ADVERTISING IN CANADA

Analyzing Canada’s Recent Changes for Advertising Food to Children

Marisa Muchnik
General Counsel, Canada
Ferrero Canada Ltd

Shelley Samel
Chief Legal Officer
Ad Standards

Moderator:

Chris Hersh
Partner
Norton Rose Fulbright Canada LLP

• Exploring the new Health Canada guidelines for advertising food to children
• Examining Ad Standards Code for the Responsible Advertising of Food and Beverage Products to Children
• Identifying the exceptions in the government’s proposal to prohibit “unhealthy foods” for children that are high in fat, sugar, and sodium in kids and why it matters to Canadian advertisers
• Understanding 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

Analyzing How the Recent Mandatory Changes to Front of Package Labelling is Impacting Advertising and Marketing in Canada

Pei Li
Partner
Blake, Cassels & Graydon LLP

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

• Understanding the new front-of-pack (FOP) labelling regulations in Canada and its effect on marketing and advertising
• Reviewing how FOP requirements impact advertising and marketing claims
• Identifying the rules of label application in advertising and marketing

Reviewing the Classification of Health Claims in Canadian Advertising and Marketing

Glenford Jameson
Principal
G. S. Jameson & Company

• Understanding health claim substantiation requirements
• Differentiating between different types of health claims
• Identifying which evidence is necessary to substantiate a health claim
• Exploring the role of statistics and scientific evidence in the claim substantiation process
• Understanding how to appropriately use qualifications or disclosures in advertising

Managing Class Actions Affecting Canadian Advertising and Marketing

Paul-Erik Veel
Partner
Lenczner Slaght LLP

• Examining the latest bench-mark cases impacting the Canadian advertising and marketing law class action landscape
• Rebuck v Ford
• Drynan v. Bausch Health Companies Inc. et al
• Defining deceptive advertising and how it can develop into a class-action lawsuit
• Understanding the requirements for certification of an advertising and marketing class-action lawsuit

Closing Remarks from the Conference Chairs Conference Adjourns to Day Two

Registration and Continental Breakfast

Opening Remarks from the Conference Chairs

Gillian Depew
Legal Director, Marketing & Sales
Molson Coors Beverage Company

Kelly Harris
Partner
Harris + Co

Cross-Border Comparative on Curbing Fake Reviews: Understanding the Impact of the FTC’s Updated Endorsement and Testimonial Guidelines in the U.S. on Canadian Advertisers

Burtley G. Francis
Partner
Stewart McKelvey

Jason W. Gordon
Partner
Reed Smith LLP

Amy Ralph Mudge
Partner
Baker Hostetler

Marina Seidl
Senior Legal Counsel, Advertising, Marketing, Sponsorship and IP Lead
Interac Corp

• Analyzing the FTC’s Updated Endorsement and Testimonial Guidelines
• Examining how the FTC’s endorsement guidelines will affect Canadian advertising and marketing
• Identifying how Canadian advertisers adapt these recommendations to their own practices regarding influencers
• Understanding the benefit for Canadian advertisers in adopting these guidelines

Interview with The Passive Income Investor

Kyle Livingston
Founder
The Passive Income Investor

Moderator:

Kelly Harris
Partner
Harris + Co

Morning Networking and Refreshment Break

Understanding the Legal Risks Associated with Environmental Marketing: Greenwashing and ESG Claims

Katherine Armstrong
Deputy Director, National Advertising Division
BBB National Programs

René Bissonnette
Partner
Gowling WLG

Christopher A. Cole
Partner
Katten Muchin Rosenman LLP

Nita Khare
Corporate Counsel
Walmart Canada

• Understanding the advertising framework for green claims in Canada
• Establishing best practices for making green claims
• Developing safeguards for avoiding misleading green claims
• Appreciating the impact of Keurig Canada vs Competition Bureau on environmental claims
• Developing best practices towards strengthening transparency for aspirational claims
• Examining the U.S. approach to green claims per the FTC Green Guides and BBB National Programs guidelines
• Comparing the U.S. and Canadian approaches
• Examining recent green-washing claims that have led to litigation in Canada

“Dark Patterns” in Advertising and Marketing: What Companies Should Know About Preventing this Deceptive Marketing Practice

Jennifer McKenzie
Partner
Cassels

• Defining dark patterns, what they entail, and how they impact claims substantiation in Canadian advertising and marketing
• Exploring the Competition Bureau’s stance on dark patterns and the prohibitions for dark patterns
• Analyzing regulatory trends concerning dark patterns in Canadian advertising and marketing
• Identifying the consequences of engaging in dark patterns in advertising and marketing

Networking Luncheon

ONLINE GAMBLING GAMING AND SPORTS BETTING

New Developments in Advertising and Marketing Laws for Canadian Gambling and Gaming Industry

Evie Bouras
Counsel
McCarthy Tétrault LLP

The AGCO recently updated its standards for advertising in gaming, gambling, and sports with the province’s intention keep athletes out of gambling ads. During this session, our panelists will examine these standards and provide insights on:

• The legal framework governing gambling in Ontario and the rest of Canada
• How Ontario regulates gambling advertising and what channels gaming operators use to advertise gambling ads in Ontario
• How the new standards will impact athlete and celebrity endorsements
• Analyzing recent cases for advertising infractions of the AGCO standards

Practical Drill Down: Sponsorship and Partnership in Canadian Advertising and Marketing

Nicole Kutlesa
Senior Legal Counsel
Scotiabank

Elizabeth Manley
Director, Trademarks and Marketing Law
Cineplex

Stephanie Provato
Counsel
TIFF

This session will focus on navigating sponsorships and partnerships as they relate to advertising and marketing. With growing anticipation surrounding FIFA 2026, comprehending this concept is more important than ever before. Points of discussion will focus on:

• Developing best practices to ensure companies adhere to recently implemented advertising regulations when executing advertising partnerships and sponsorships
• Examining the use of celebrities, influencers, and athletes in sponsorship and partnerships
• Customizing your sponsorship agreement in accordance with your brand’s marketing and advertising vision
• Understanding the use of slogans, distinctive packaging, official marks, logos and composite logos in sponsorship and partnerships
• Identifying and preventing potential liabilities in sponsorship and partnership agreements

Afternoon Networking Break

The Global Implications of Local Legislation and its Impact on Canadian Advertising and Marketing Law – A Case Study on Quebec’s Bill 96 and Law 25 and the Cost of Compliance

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

Jason Moscovici
Partner
ROBIC

Megha Wadhwani
Senior Legal Counsel
Sharethrough

New legislation – such as Bill 96 the Charter of the French Language and Law 25 the provincial privacy legislation – have broad sweeping consequences for those wanting to do business in Quebec. This session will focus on the national and global implications of local legislation on marketing and advertising and will focus on how provincial laws can make compliance and working in the Quebec and Canadian market extremely difficult.

• Ramifications of the bill on marketing, trademarks, labeling, and privacy
• Complying with signage and commercial advertising amendments
• Reassessing the use of non-French trademarks on product packaging and labelling

Understanding The Rules and Regulations for Advertising Contests and Sweepstakes in Canada

Brian Fraser
Managing Partner
Brian Fraser Law

Teodora Niculae
Senior Legal Counsel
Mastercard Canada

Adam Nickerson
Sr Legal Counsel
Labatt Breweries of Canada

• Understanding the legal rules that apply to promotional contests under the Criminal Code, the Federal Competition Act, and the Quebec lotteries legislation
• Identifying the keys to formulating a successful contest within the context of an advertising and marketing campaign
• Ensuring adequate and fair disclosures, including monetary value, regional allocation, and odds of winning
• Structuring your contest with a view to minimizing problems, and what to do when things go wrong

Closing Remarks End of Conference