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Wendy Hulton

Wendy Hulton

Partner
Toronto

416.595.8608
whulton@millerthomson.com

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Profile

Ms. Hulton is an experienced marketing and health law practitioner who provides advice on a wide range of products including natural health products, foods, drugs, cosmetics and medical devices. She provides advice to manufacturers, importers and retailers of these products on a broad range of regulatory and marketing law issues.

Her practice includes script and copy review, packaging and labelling, promotional contests, misleading advertising disputes, comparative advertising campaigns, coupons, advising on direct sales and telemarketing issues, assisting clients to pursue or defend advertising challenges, responding to compliance activities by Canadian regulatory authorities and industry consultations with government in connection with the Food and Drugs Regulations.

Ms. Hulton also acts for international clients on matters related to the Competition Act, Consumer Packaging and Labelling Act, Textile Labelling Act, Technical Standards and Safety Act, 2000 and other federal and provincial legislation. On behalf of clients she negotiates with government regulators on a broad range of administrative and regulatory law matters.

Ms. Hulton’s civil litigation practice emphasizes employment, general corporate commercial and product liability litigation.

Ms. Hulton's specialized expertise is applied to achieving the goals of each client in a timely, cost-effective manner.

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Education

  • LL.B., Osgoode Hall Law School, York University, 1988
  • B.A. (Hons), University of Toronto, 1985

Professional Achievements

  • BV Rated, Martindale-Hubbell
  • Winner of the Niagara Cup Mooting Competition, 1987

Memberships

  • Canadian Bar Association
  • County of York Law Association
  • Centre for Addiction and Mental Health Research Ethics Committee
  • Canadian Cosmetic, Toiletry and Fragrance Association
  • The Consumer Health Products Canada
  • Advertising Standards Canada
  • Canadian Health Food Association
  • Direct Sellers Association
  • Women in Food Industry Management
  • Canadian Association of Regulatory Affairs
  • National Pharmaceutical Sciences Group

Presentations

  • “Overview of Canada's New Anti-Spam Legislation and the Proposed Regulations”, Business Law Group, Miller Thomson (Toronto: September 27, 2011)
  • “Regulatory Compliance for Selling Products in Canada”, Direct Selling Association's Looking Forward Conference (Washington, D.C.: September 15, 2011)
  • “Regulatory Compliance for Advertising and Promotional Labeling”, International Pharmaceutical Academy Packaging and Labelling Conference (Toronto: May 19, 2011)
  • Chair, Canadian Institute’s 16th Annual Marketing and Advertising Law Conference (Toronto: January 21-22, 2010)
  • “Working under a Tougher Regime for Deceptive Marketing: What Advertisers and Marketers Need to Know” (co-presented with Andrea Rosen, Deputy Commissioner of Competition, Fair Business Practices Branch), Canadian Institute's Conference on Canada's New Competition Act (June 23, 2009)
  • “Bill C-6: The Proposed Consumer Product Safety Act”, Direct Sellers Association’s Government Relations Conference (Richmond Hill, ON: April 29, 2009)
  • “Supplying Products for the Locavores”, OBA Conference on the Business of Farming (University of Guelph, ON: April 28, 2009)
  • “Substantiating Advertising and Marketing Claims for Cosmetics and Complying with the Competition Act”, Canadian Cosmetics Fragrance and Toiletry Association’s Spring Regulatory Workshop (Ottawa, ON: April 22, 2009)
  • “Your Passport to Global Success”, Direct Selling Association's 2009 International Seminar Expansion to Canada (National Harbour, MD: March 4, 2009)
  • “Everyone's Doing It - Practice Safe Cross Promotions”, Canadian Institute's 15th Annual Advertising and Marketing Law Conference (January 23, 2009)
  • “Marketing Natural Health Products and Functional Foods”, InSight Functional Foods and Natural Health Products Conference (December 1, 2008)
  • “Its Hard to be Legally Green”, Miller Thomson client seminar on Green Made Practical (September 23, 2008)
  • Panel Chair, “Litigation Risks: Product Liability Litigation”, Canadian Corporate Counsel Association National Spring Conference (April 15, 2008)
  • “Minimizing Legal Risks and Liabilities in Promotions - Misprints, Fine Print and Gift Cards”, Canadian Institute's 14th Annual Advertising and Marketing Law Conference (January 24, 2008)
  • Mentor, “Taking Care of Business - CLE and Networking Conference for Women in Litigation”, The Advocates' Society (September 25, 2007)
  • “Health Canada Update: Cost Recovery Initiative and the Natural Health Product Licensing Backlog”, Direct Sellers Association Annual Conference (Whistler, BC: June 11, 2007)
  • “Privacy, Customer Data & Cross Border Information Flow”, Canadian Institute's 13th Annual Advertising and Marketing Law Conference (January 26, 2007)
  • “What the Heck are Natural Health Products?”, Direct Sellers Association International Conference: Doing Business in Canada (Baltimore, MD: April 25, 2006)
  • "How to Market and Advertise Products in Canada", Direct Sellers Association International Conference: Doing Business in Canada (Baltimore, MD: April 25, 2006)
  • “The ABC's of NHPs - What You Need to Know About Marketing Natural Health Products”, Canadian Institute’s Advertising and Marketing Law Conference (January 27, 2006)
  • “Natural Health Products - What are they and What are the Rules of the Road”, InSight 8th Annual Advertising and Marketing Law Conference (November 24, 2005)
  • “Compliance and Enforcement: A Regulatory Update”, InSight 3rd Annual Natural Health Products Conference (September 20-21, 2005)
  • “Advertising and Marketing Law 101”, Direct Sellers Association International Conference: Doing Business in Canada (September 14, 2005)
  • “Selling Natural Health Products in Canada - Things You Need to Know”, Direct Sellers Association International Conference: Doing Business in Canada (September 14, 2005)
  • “The Joy of Employment Contracts”, Miller Thomson client seminar on Labour and Employment Law (May 8, 2005)
  • Submissions to the Standing Committee on Health with respect to Bill C-420 on behalf of the Direct Sellers Association (May 2, 2005)
  • “Challenges in Connection with the Regulation of Natural Health Products”, ROB TV Interview (November 15, 2004)
  • Panel Moderator, “Determining the Boundaries between Foods, Natural Health Products, Drugs and Cosmetics”, InSight 2nd Annual Natural Health Products Conference (September 14, 2004)
  • “Marketing Law 101”, In house Seminar (May 6, 2004)
  • “Contest Law ...What You Need to Know”, Direct Sellers Association International Conference: Doing Business in Canada (April 15, 2004)
  • “Advertising and Marketing Law 101 Workshop”, Canadian Institute Advertising and Marketing Law Conference (January 21, 2004)
  • “Nutraceutical Foods and Natural Health Products”, OBA Conference on It's In You – Regulation and Hot Topics in Pharmaceutical, Medical Device, Food and Alternative Therapies Industries (April 28, 2003)
  • “Canada's Privacy Laws - Workshop #2”, Federated Press Conference on Investigations in the Workplace (February 28, 2003)
  • Panel Moderator, “Update on the Restrictions Imposed on Advertising General, Regulated and Specialty Products: Legally Eatin' Drinkin' and Smokin'”, InSight 5th Annual Advertising and Marketing Law Conference (February 19, 2003)
  • “Cyber Contests”, LSUC Return of the Six Minute Business Lawyer Conference (May 15, 2000)
  • “Writing the Best Consent Form”, Centre for Addiction and Mental Health, Brown Bag Ethics Discussions @ the Centre for Addiction and Mental Health (February 17, 2000)
  • “Advertising and Labelling Law 101”, Direct Sellers Association Conference (Washington, D.C.: July 24, 1996)
  • “The Regulatory Environment and Taking the Product to Market”, OBA Conference on Working Guide to Sale of Goods Transactions (November 12, 1994)
  • “Why would a U.S. Company Choose to Do Business in Canada”, Direct Sellers Association Conference (November, 1993)

Publications

  • No More Drug Company Sponsored Trips to Hawaii for MDs?, (March 2012)
  • “Privacy Heads Up 2010 or What Should Be On Your Privacy Radar”, It's Personal, Carswell, Vol. 3, Issue 6, (November 2010)
  • Product Recall 2012 – Canadian Chapter, “Getting the Deal Through – Product Recall 2012”, Law Business Research Ltd. (October 2011)
  • Chapter 10 Marketing and Advertising Law, Business Laws of Canada, (West, a Thomson Reuters business, 2009, 2010, 2011)
  • “A Natural Health Products Primer”, Canadian Business Franchise (July/August 2006)
  • “Onerous New Rules for Telemarketing”, Charities and Not-For-Profit Newsletter (June 2004)
  • “Canada's New Natural Health Products Regulations”, Health Communiqué - Ontario (May 10, 2002)
  • “Canada's New Natural Health Products Regulations”, Nutraceuticals World (March 2002)
  • “Canada's New Natural Health Products Regulations”, Miller Thomson (March 2002)
  • “Misleading Advertising and the General Impression Test”, Toronto Automobile Dealers Association (April 1999)
  • “Some Legalities of Dismissing Employees”, Canadian Natural Health Retailer (March/April 1999)
  • “Canada Stands at Regulatory Crossroads”, Nutraceuticals World (January/February 1999)
  • “Ensure Your In-Store Contest is a Winner”, Canadian Natural Health Retailer (September/October 1997)
  • “Due Diligence and Other Defences to Prosecutions” (co-authored with Roderick McLeod), OBA Indecent Exposure Behind the Corporate Veil: Protecting Directors and Officers (May 13, 1994)
  • “Due Diligence Under the Food and Drugs Act”, Miller Thomson (1993)

Other Editorial Contributions

  • Quoted in article “Impending Regulatory Changes May Impact Grocers”, Canadian Grocer (February 2002)

Key Practice Expertise

Areas of Focus

  • Product Liability
  • Food and Drug Regulations
  • Consumer Packaging and Labelling

Year of Call

  • Ontario Bar, 1990