Co-Chair Opening Remarks

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

Austin Wong
Director, Legal Counsel
Corus Entertainment

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

Case Study on Advertising in Highly Regulated Markets Marketing Cannabis in Canada

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

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 – including types of legal risk for manufacturers, publishers and related parties like lenders, and focusing on navigating a consumer class action.

Morning Break

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

Katherine Armstrong
Deputy Director, National Advertising Division
BBB National Programs

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

• Addressing legal and regulatory issues associated when making and substantiating green and environmental claims
  • 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 substantiation is required for claims around biodegradable, recyclable, etc.,
• Understanding how Federal Trade Commission’s ‘Green Guides’ 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”

1:1 Virtual Networking Break

Lunch

Ad Standards and the Complaint Process

Yamina Bennacer
Director, Standards (National)
Ad Standards

Monique Gagné
Senior Law Clerk
Ad Standards

As Canada’s national advertising self-regulatory organization, Ad Standards has administered the Canadian Code of Advertising Standards (the ‘Code’) for almost 60 years. In this session, you will learn how the Code applies to your advertising initiatives, how it supports requirements imposed by third-party regulators, and how the self-regulatory process benefits both consumers and advertisers. In this practical session, we will illustrate:

• What is advertising self-regulation?
• What are the benefits of a self-regulatory system?
• What are the criteria set out in the Code for acceptable advertising?
• What happens when Ad Standards receives a complaint?
  • From the Public
  • From an Advertiser/Competitor
  • What are some of the best practices when responding to a complaint?
  • From the Public
  • From an Advertiser/Competitor

A Bite of Food Advertising

Catherine Bate
Chief Legal and Policy Officer
Ad Standards

Evie Bouras
Counsel
McCarthy Tetrault LLP (Toronto, ON)

Pierre Savoie
Partner
LJT Avocat

Learn about the latest trends in advertising claims, class actions, and developments in the laws, regulations, and policies governing advertising of food and beverage products in Canada including:

• Trending food advertising claims
• “Pure”/ “Natural”/ “Local”/ “Fresh”, etc.
• Health claims (express or implied)
• Low carb /Meal replacement and weight loss claims
• Highlighted ingredients: a practical approach
• The consequences advertisers could face for violations
• Class actions, CFIA or Ad Standards
• Preclearance: what is it, and how does it help in compliance?
• An introduction to the Code for Responsible Advertising of Food and Beverage Products
• Other food law updates:
  • Fortified foods, energy drinks, simulated meat and poultry, and other regulatory developments

Afternoon Break

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

Co-Chair Closing Remarks
Conference Adjourns to Day Two

Co-Chair Opening Remarks

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

Austin Wong
Director, Legal Counsel
Corus Entertainment

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

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
  • How consumers are using social media, who they’re following and why
  • Impact of brands and influencers on consumers’ purchase habits
• Determining best practices for dealing with influencer contracts
  • Considerations when engaging an influencer
  • Key elements of an agreement

Morning Break

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
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

Promoting Diversity and Inclusion in Ad Campaigns: An insider’s view

Elizabeth Manley
Director, Trademarks & Marketing Law
Trademark Agent
Cineplex Entertainment LP

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

Afternoon Break

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

Co-Chair Closing Remarks
End of Conference