Advertising and Marketing

OUR GROUP

The lawyers in Miller Thomson’s Advertising and Marketing Group are retained by clients throughout Canada, the US and internationally to assist with a broad range of regulatory and marketing law matters. The members of our Group understand that today's advertising and marketing needs transcend geographic boundaries. Given the multiplicity of regulation, together with the speed of change, we look at every client’s issues and devise a tailored approach to help them achieve cutting edge promotions that are compliant and successful. Where necessary, we draw on the strength of other national practices, including our competition law, intellectual property, hospitality and tourism, health, sports and entertainment law groups, to offer a comprehensive package of legal services that meet all aspects of our clients' needs.

OUR CLIENTS

We advise and represent clients involved with the manufacturing, packaging, labelling and distribution of a wide variety of products with a particular focus on foods, drugs, natural health products, dietary supplements, cosmetics and medical devices.

OUR EXPERTISE

We have over 20 years of experience assisting clients achieve and maintain product compliance as governed by many Canadian regulatory authorities, including Health Canada, the Canadian Food Inspection Agency and the Competition Bureau.

Our lawyers offer proactive advice and recommendations to clients through a keen awareness of market trends, legislative change and policy initiatives. We are also actively involved in various industry organizations, including:

• Advertising Standards Canada
• Canadian Association of Regulatory Affairs
• Canadian Cosmetic, Toiletry and Fragrance Association
• Canadian Health Food Association
• Consumer Health Products Canada
• Direct Sellers Association
• MEDEC (Canada's Medical Device Technology Companies)
• National Pharmaceutical Group
• Women in Food Industry Management

Members of our group have assisted clients in pursuing and defending challenges with respect to comparative advertising campaigns, Competition Act issues, product liability, trade complaints as well as responding to compliance issues from regulatory bodies. We understand the impact of technology in each of these areas and we work with clients to ensure compliance in everything from instant promotions to online media.

OUR SERVICES

No matter how large or small your company is, we are here to guide you through the technical legal landscape of advertising and marketing law. The following outlines our specific services:

• Advertising & Promotions
• Packaging and labelling
• Promotional contests
• Gaming review and regulation
• Product promotions
• Comparative advertising and claims support
• Coupons and gift certificates
• Loyalty programs
• Labelling compliance review
• Bilingual labelling requirements (federal and provincial)
• Jewellery Markings
• Metric labelling
• WHMIS labelling
• Country of origin marking
• Food and Drugs Act and its Regulations (Food, Drugs, Cosmetics, Natural Health Products, Medical Devices)
• Consumer Packaging and Labelling Act
• Hazardous Products Act and its Regulations (Consumer Chemicals and Containers Regulations)
• Environmental Green Advertising
• Regulatory Compliance
• Risk management
• Regulatory compliance audits
• Competition Act requirements
• Food and drug compliance
• Pricing issues
• Trade complaints
• Dispute resolution
• Consumer protection issues
• Contracts & Agreements
• Talent and sponsorship agreements
• Promotional agreements
• Product warranty and product liability
• Co packing agreements
• Product distribution agreements
• Privacy
• Data collection and use (for Canadians)
• Rights and obligations when disclosing information
• Compliance programs
• Contest requirements
• Online Advertising
• Internet marketing and advertising
• Linking practices and agents
• Website terms and conditions (e-commerce)
• Telemarketing
• Spamming legislation
• Social Media
• Our clients include a wide variety of companies from the following industries:
• Art and craft supplies
• Automotive
• Broadcasters
• Children's advertising
• Communications
• Consumer and commercial products / services
• Cosmetics
• Dietary supplements
• Direct sellers
• Drugs (prescription / non-prescription)
• Educational products
• Energy
• Food and beverage
• Hazardous products
• Internet services
• Jewellery
• Loyalty programs
• Medical devices
• Natural health products
• Pest control products
• Pet products
• Self-care products
• Textiles
• Tobacco and Jewellery / precious metals
• Toys and infant products
• Travel
• Water treatment devices