Download 2022 Brochure
Flip through our 2022 conference brochure and discover what’s new this year.

VIEW FULL PROGRAM

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 Advertising

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)

Chrissy Fratschko
Privacy Manager
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
Ad Standards and the Complaint Process
1:45
A Bite of Food Advertising
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

9:00
Co-Chair Opening Remarks
9:15

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

10:45
Morning Break
11:15
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”

12:15
1:1 Virtual Networking Break
12:30
Lunch
1:15
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

1:45
A Bite of Food Advertising
Catherine Bate

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

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

9:00
Co-Chair Opening Remarks

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

Austin Wong
Director, Legal Counsel
Corus Entertainment

9:15

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

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

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 Advertising

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)

Chrissy Fratschko
Privacy Manager
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