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

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