Canada's deceptive marketing framework under the Competition Act is among the most consequential areas of competition law — with expanding civil and criminal exposure.
Canada's deceptive marketing and false advertising framework under the Competition Act is among the most consequential areas of competition law for consumer-facing businesses — and it has never been more active.
We advise clients on representations, promotional practices, drip pricing, ordinary selling price claims, environmental and sustainability claims (greenwashing), and the newly expanded civil and criminal deceptive marketing provisions. We also advise on advertising pre-clearance, competitor complaints, and Bureau investigations.
Joshua's Tribunal experience in this area is particularly distinguished. He acted in precedent-setting litigation that clarified how the "general impression test" in false and misleading advertising is applied — an interpretation that continues to shape enforcement today.
The 2022–2024 amendments expanded the deceptive marketing provisions substantially, introduced new greenwashing obligations, and shifted the burden of establishing OSP compliance to the seller. Advertisers should ensure their substantiation files and promotional practices are current.