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Pre-Conference Workshops

Workshop A: Advertising Claims 101 – Your Guide to the Essentials of Advertising Claims Substantiation in Canada

Jan 17, 2022 9:00am – 12:00pm

Speakers

Chris Hersh
Partner
Norton Rose Fulbright Canada LLP (Toronto, ON)

Jennifer Mckenzie
Partner
Cassels Brock & Blackwell LLP

Workshop B: What Advertisers and Their Counsel Need to Know about Privacy Laws: Understanding How New Privacy Legislation in the EU, USA And Canada Are Impacting Canadian

Jan 17, 2022 12:30pm – 3:30pm

Speakers

Bill Abbott
Director, Data Policy and Research
TELUS

Sonia Carreno

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

Daniel Goldberg
Partner
Frankfurt Kurnit Klein & Selz PC (Los Angeles, CA)

Kristina Smith
Chief Privacy Officer
Holt Renfrew (Toronto, ON)

Day 1 - Tuesday, January 18, 2022

8:45
Co-Chair Opening Remarks
9:00
Evaluating Structure Function vs. Health Claims in the Age of COVID-19
10:00
Case Study on Advertising in Highly Regulated Markets Marketing Cannabis in Canada
10:45
Morning Break
11:15
What It Means to be ‘Green’ – Applying Truth-In Advertising Principles to Environmental Claims: An International Perspective
12:15
1:1 Virtual Networking Break
12:30
Lunch
1:15
Focus Session on Ad Standards Complain Process:
1:45

Part One:

Designing Compliant Advertising Programs for Food Marketing
2:30
Afternoon Break
3:00
Avoiding Unqualified Country of Origin Claims
4:00
Co-Chair Closing Remarks
Conference Adjourns to Day Two

Day 2 - Wednesday, January 19, 2022

8:45
Co-Chair Opening Remarks
9:00

Understanding How The Evolving Role of Social Media Continues to Change the Marketing and Advertising Playing Field in Canada

Part One: Influencer Marketing in Canada
9:45
Morning Break
10:15

Understanding How The Evolving Role of Social Media Continues to Change the Marketing and Advertising Playing Field in Canada

Part Two: Being Politically Correct: Avoiding Political Polarization in Social Media Advertising
11:15
Promoting Diversity and Inclusion in Ad Campaigns: An insider’s view
12:00
Afternoon Break
12:30
New Considerations in Compliantly Executing Promotional Contests and Sweepstakes Under the Competition Act
1:30
Co-Chair Closing Remarks
End of Conference

Day 1 - Tuesday, January 18, 2022

8:45
Co-Chair Opening Remarks

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

Austin Wong
Director, Legal Counsel
Corus Entertainment

9:00
Evaluating Structure Function vs. Health Claims in the Age of COVID-19

Glenford Jameson
Principal
G. S. Jameson & Company (Toronto, ON)

Pei Li
Partner
Blake, Cassels & Graydon LLP (Toronto, ON)

  • Examining evolving standards for structure function and health claims in light of the pandemic
    • Evaluating the fine line between the two and how the line has become even finer during the pandemic
  • Understanding the impact of a pandemic on claims for disease prevention
  • Avoiding misleading and scientifically unsupported claims about a product’s’ ability to treat or prevent coronavirus in response to consumer fears
  • Substantiating claims under the gun: maximizing opportunities in a time of need while ensuring proper safeguards to avoid exploiting a crisis
  • Assessing recent guidance issues by Health Canada guidance and regulations for products such as masks and hand sanitizers

10:00
Case Study on Advertising in Highly Regulated Markets Marketing Cannabis in Canada

Chantelle Cseh
Partner
Davies Ward Phillips & Vineberg LLP (Toronto, ON)

Kelly Harris

Kelly Harris
Partner
Miller Thompson (Toronto, ON)

Advertising and marketing in highly regulated spaces is challenging. This is especially true of the still relatively new cannabis industry which continues to grow on daily basis. In this case study, our speakers will explain the rules, regulations, and the foundation for effectively and compliantly advertising and marketing cannabis in Canada.

10:45
Morning Break
11:15
What It Means to be ‘Green’ – Applying Truth-In Advertising Principles to Environmental Claims: An International Perspective
Laura Brett

Laura Brett
Vice President
BBB National Advertising Division (New York, NY)

Joanna Vince
Partner
Willms & Shier Environmental Lawyers LLP (Toronto, ON)

  • Meeting the requirements for substantiating green and environmental claims per BBB National Programs guidelines
    • Identifying the guardrails of what an advertiser can and cannot say
    • Ensuring the accuracy of environmental claims in the marketplace to prevent misleading claims
    • Determining what types of testing are needed for claims around biodegradable, recyclable, etc.,
    • Understanding whether the claim be based on the ingredients alone
  • Understanding how BBB’s green guidelines in the U.S. compare with those in Canada
  • Examining what regulators and self-regulators are looking for in terms of claims substitution for green claims
  • Understanding the role of self-certification, trust marks, and seals, in substantiating environmental claim
  • Promoting environmental claims without pushing “greenwashing”

12:15
1:1 Virtual Networking Break
12:30
Lunch
1:15
Focus Session on Ad Standards Complain Process:

Speaker TBA – Ad Standards

1:45

Part One:

Designing Compliant Advertising Programs for Food Marketing
Catherine Bate

Catherine Bate
Chief Legal and Policy Officer
Ad Standards

Evie Bouras
Counsel
McCarthy Tetrault LLP (Toronto, ON)

  • Understanding how post-election decisions to develop a national school food policy school nutritious meal program are impacting food advertising
  • Analyzing how new programs rolled out by industry groups including Ad Standards and the Association of Canadian Advertisers will work towards meeting the new food standards for children
    • Identifying how this program differs from Canada’s previous food and beverage initiative
    • Understanding the scope of who and what is captured in program
    • Determining what Ad standards is looking for in terms of pre-clearance environment and what ramifications will be more noncompliance in advertisers in the future
  • Examining how agencies, advertisers, and legal professionals coast to coast are adjusting practices and policies to comply to these new developments in food advertising to children

2:30
Afternoon Break
3:00
Avoiding Unqualified Country of Origin Claims

Daniel G. Edmondstone
Partner, Marketing & Advertising
McMillian LLP (Toronto, ON)

Jason W. Gordon
Partner
Reed Smith LLP (Chicago, IL)

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.

  • Assessing how consumers interpret country of origin claims
  • Identifying what the current standards are and anticipating changes to the requirements
  • Understanding if you can make a “Made in Canada” claim without including a qualifying statement
  • Determining the impact of political influence on enforcement priorities
  • Understanding manufacturer-retailer liability with materials coming from different countries and the impact of COVID-19

4:00
Co-Chair Closing Remarks
Conference Adjourns to Day Two

Day 2 - Wednesday, January 19, 2022

8:45
Co-Chair Opening Remarks

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

Austin Wong
Director, Legal Counsel
Corus Entertainment

9:00

Understanding How The Evolving Role of Social Media Continues to Change the Marketing and Advertising Playing Field in Canada

Part One: Influencer Marketing in Canada
Marie Lampropoulos

Marie Lampropoulos
Associate Counsel
Warner Music Canada (Toronto, ON)

Marina Seidl

Marina Seidl
Senior Counsel, RBC Law Group
Royal Bank of Canada (Toronto, ON)

  • Assessing the impact of increased influencer activity during the COVID-19 pandemic
    • Determining who takes on the responsibility of influencer content paid for by the brand
    • Identifying how much creative freedom an influencer has, and managing fines
  • Assessing the successes vs. fails of recent social media trends
  • Determining best practices for dealing with contracts and responsibility
    • Insights on dealing with an influencers
    • What must be included in an agreement
    • Which clauses are mandatory?

9:45
Morning Break
10:15

Understanding How The Evolving Role of Social Media Continues to Change the Marketing and Advertising Playing Field in Canada

Part Two: Being Politically Correct: Avoiding Political Polarization in Social Media Advertising
John Salloum

John Salloum
Partner
Osler, Hoskin & Harcourt LLP (Toronto, ON)

David Young
Principal
David Young Law (Toronto, ON)

Through a series of examples, our speakers will analyze recent situations in which a brand’s influencer become politically controversial. Our panelists will discuss the impact of these controversies on advertising, marketing, reputation, and offer solutions to avoid political landmines.

Points of discussion will include:

  • The Ben and Jerry controversy
  • Subway and Megan Rapinoe
  • Souris River and Vaccinations

11:15
Promoting Diversity and Inclusion in Ad Campaigns: An insider’s view
Elizabeth Manley

Elizabeth Manley
Director, Trademarks & Marketing Law
Trademark Agent

Cineplex Entertainment LP

Paula Fernández Pfizenmaier

Paula Fernández Pfizenmaier
Head of IP
MercadoLibre Inc. (Buenos Aires, Argentina)

During this highly anticipated session, in-house counsel will share insights into tackling diversity and inclusion in the Canadian advertising landscape, all while meeting the Canadian Marketing Code of Ethics and Standards

12:00
Afternoon Break
12:30
New Considerations in Compliantly Executing Promotional Contests and Sweepstakes Under the Competition Act

Shelley Samel
Lawyer
Shelley Samel Law (Toronto, ON)

Pinar Ozyetis
General Counsel, AIRMILES Reward Program
Loyalty One (Toronto, ON)

  • Examining how the Competition Act applies to sweepstakes and promotional contests
  • Understanding the continuing of impact COVID-19 on sweepstakes and contests and how the Competition Act comes into play with the pandemic
  • Assessing the contractual obligations of advertising contests and applying force majeure in the case of unprecedented circumstances
  • Calculating what constitutes an “undue delay” when awarding prizes
  • Ensuring adequate and fair disclosure including monetary value, regional allocations, and odds of winning
  • Determining how to register your sweepstakes and whether it varies across the world
  • Developing strategies when you have to conduct a contest or sweepstakes that covers many jurisdictions

1:30
Co-Chair Closing Remarks
End of Conference

Workshop A: Advertising Claims 101 – Your Guide to the Essentials of Advertising Claims Substantiation in Canada

Jan 17, 2022 9:00am – 12:00pm

Chris Hersh
Partner
Norton Rose Fulbright Canada LLP (Toronto, ON)

Jennifer Mckenzie
Partner
Cassels Brock & Blackwell LLP

What is it about?

This interactive workshop will take you through the building blocks of a successfully substantiated advertising campaign in Canada. Our speakers will provide a comprehensive overview of both the content and terminology used to support claim substantiation for product and service advertisements, as well as the higher standards applied to comparative claims.

Points of discussion will include:

  • Understanding claim substantiation requirements
  • Defining key advertising terms relative to claims substantiation
    • Reasonable basis
    • Competent and Reliable
    • Highest possible standard
  • Differentiating between different types of claims: express vs. implied
  • Identifying which evidence is necessary to substantiate a claim
  • Exploring the role of statistics and scientific evidence in the claim substantiation process
  • Understanding how to appropriately use qualifications or disclosures in advertising
  • Exploring ways in which a substantiated claim may be utilized
  • Understanding the interplay between marketing and legal departments when making a claim on a product or service
  • Examining the steps in the creation of an advertising campaign relative to claims substantiation

Workshop B: What Advertisers and Their Counsel Need to Know about Privacy Laws: Understanding How New Privacy Legislation in the EU, USA And Canada Are Impacting Canadian

Jan 17, 2022 12:30pm – 3:30pm

Bill Abbott
Director, Data Policy and Research
TELUS

Sonia Carreno

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

Daniel Goldberg
Partner
Frankfurt Kurnit Klein & Selz PC (Los Angeles, CA)

Kristina Smith
Chief Privacy Officer
Holt Renfrew (Toronto, ON)

What is it about?

A lot has changed in the way of privacy in the last year, including Quebec’s Bill 64, which has made it harder for companies to gain consent to collect personal information from customers. In this workshop our speakers will cover all major changes in privacy law and explain how this impacts advertising and marketing practices.

  • Understanding how changes in privacy laws have a direct impact on advertising and marketing practices
    • How to ensure that your customer data collection policies are fully compliant
  • Implementing Quebec’s Bill 64 into your organization’s customer data collection policies
    • Identifying the gaps between current privacy legislation and Bill 64 relative to customer data protection
  • Understanding whether the election results impact federal privacy legislation and how this will impact advertising and marketing
  • Calculating fines and penalties for customer data breaches
  • Delving into new standards for gaining customer consent
    • Defining clear, free, and informed consent to collect, use, and communicate with customer data
  • Defining “sensitive information” and a “reasonable expectation of privacy”
  • Implementing processor agreements for third-party usage of customer data