Overview
Kelly Harris leads the national Marketing, Advertising & Product Compliance Group. She gives practical, timely, and business-focused advice to her market-leading retailer, manufacturer, and distributor (including MLM) clients, addressing their broad and evolving challenges and concerns. She has legal expertise in areas such as deceptive marketing practices, consumer protection, e-commerce, privacy, anti-spam, competition/anti-trust, and trademark and copyright. Many of her clients are in regulated industries, including cosmetics, natural health products, food, beverage, alcohol, cannabis, medical devices, children’s products, electronics, and radio spectrum products.
Kelly provides strategic advice on a wide variety of issues, including:
Advertising: claim review and substantiation, consumer contests/sweepstakes, consumer activations and promotions, sponsorship, influencer and talent agreements, competitor challenges, charitable promotions, consumer loyalty programs, and mobile/social/new media
Marketing: pricing and sales substantiation, e-commerce, packaging and labelling, telemarketing, consumer contracting, consumer protection, website terms of use, terms of sale, agency/client services agreements, and distribution
Regulatory: product classification, product licensing, regulatory notifications, technical specification/standards compliance, formulation review and assessment, regulatory investigations/challenges, and compliance with restrictions on regulated product claims and advertising
Privacy and information protection: private sector privacy compliance and audit, charities and not-for-profit privacy compliance and audit, and privacy policies
Anti-spam (CASL): consent language, commercial electronic message disclosure requirements, adapting existing distribution lists, assessing practices, auditing compliance, and CASL policies
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Professional achievements & leadership
- The Best Lawyers in Canada – Advertising & Marketing Law, 2017 – 2020
- The Canadian Legal Lexpert Directory, Advertising & Marketing Law, 2019
Thought leadership
Presentations
- “Cannabis Compliance Q&A with Miller Thomson”, IAB Canada, Toronto, November 25, 2019
- “Cross-Border and Global Marketing Concerns: Balancing Risk and Innovation”, 2019 ANA/BAA Marketing Law Conference, San Diego, November 4, 2019
- “Carrying Out Online Activities Across Canada”, OBA Charity and Not-For-Profit Law, Toronto, June 11, 2019
- “Misleading Advertising 201 (content marketing)”, Canadian Bar Association’s Competition Law Section, Webinar, Toronto, March 5, 2019
- “Changing Global Awareness of Gender Issues in Advertising”, ANA/BAA Marketing Law Conference, Chicago, November 7, 2018
- “What are you smoking? Cannabis legalization comes to Canada”, Ontario Bar Association, Toronto, October 4, 2018
- “Retail Pricing and Marketing in the Digital Economy: Understanding the Pitfalls and Opportunities When the Worlds of Consumer Protection and Privacy Collide”, The Canadian Bar Association’s Competition Law Fall Conference, Ottawa, September 28, 2018
- “Content Marketing”, Advertising Law and the Digital Economy Seminar, Toronto, June 13, 2018
- “Agriculture and the Environment”, CBA National Environmental, Energy and Resources Law Summit, Winnipeg, June 1, 2018
- “Top 10 Marketing and Advertising Trends and Issues”, Miller Thomson National Corporate Counsel CPD Series, May 16, 2018
- “Avoiding Deceptive Pricing: Top 10 Tips for Global Advertisers”, (Global Advertising Lawyers Alliance), Webinar, February 28, 2018
- “Compliance in a Digital World: The Changing Role of In-House Counsel”, CBA Webinar, Toronto, February 22, 2018
- “The Highs and Lows of Advertising Marijuana Products … A Spotlight on Cannabis”, 24th Advertising & Marketing Law conference, Toronto, January 22, 2018
- “Cannabis Marketing and Advertising”, Miller Thomson’s National Health Industry Group Webinar Series, December 13, 2017
- “Sponsorship, Ambush Marketing and Cause Marketing”, Canadian Institute: Advertising & Marketing Law Conference, Toronto, January 23, 2017.”
- “Advertising Update: Key Developments and What You Need to Know”, CBA Fall Conference, Ottawa, October 7, 2016
- “Updates from Canada”, Brand Activation Association Government & Legal Affairs (Global Advertising Lawyers Alliance), Toronto, August 25, 2016
- “One-Stop Marketing and Advertising Law Workshop,” Miller Thomson’s Marketing & Advertising Seminar, Vancouver, April 29, 2016, Toronto May 2, 2016, and Kitchener-Waterloo May 11, 2016
- “Ontario’s Making Healthy Choices Act, Food & Beverage Laws are Changing, Are You?” Lexpert (Thomson Reuters), Toronto, April 19, 2016
- “Testimonials, endorsements and online reviews,” CBA Competition Law Section, Marketing Practices Committee, Toronto, April 18, 2016
- “Marketing Online Using Talent, Endorsements and Sponsorship,” The Canadian Institute, Toronto, January 19, 2016
- “Legalities of Contests for Direct Selling Companies,” Direct Sellers Association Conference 2015, Niagara Falls, June 23, 2015
- “Hot Topics in Advertising Law in the United States and Canada,” Global Advertising Lawyers Alliance, Toronto, April 20, 2015
- “Top Legal Pitfalls in Canadian Marketing and Advertising Law,” Chief Legal Officer Exchange, Tucson, Arizona, March 8, 2015
- “Marketing & Advertising 2.0: The Challenges & Opportunities of Mobile Marketing,” The Canadian Institute, Toronto, January 27, 2015
- “Testing Your Performance Claims,” CBA Competition Law Section, Marketing Practices Committee, Toronto, January 12, 2015
- “The Medium and the Message: Top 10 Hot Button Issues in Marketing & Advertising Law,” Miller Thomson’s Corporate Counsel CPD Series, Toronto, September 17, 2014
- “Anti-Spam Compliance,” Institute of Law Clerks of Ontario’s 23rd Annual Conference, Collingwood, May 10, 2013
Publications
- “Advertising & Marketing: Getting the Deal Through“, Law Business Research Ltd., 2018
- “First Fine Issued Under Canada’s Anti-Spam Law,” Canada’s Anti-Spam Legislation (CASL) Updates, March 2015
- “Advertising, Marketing and Product Regulatory Compliance,” Business Laws of Canada, (Toronto: Thomson Reuters), 2014
- “Consumer Protection” in Halsbury’s Laws of Canada, Commercial Law III (2015 reissue), 2014
- Canadian Marketing, Advertising & Regulatory Law Update, Issue 12, 2013
- Canadian Marketing, Advertising & Regulatory Law Update, Issue 11, 2012
- “A Comparative Study of Remedies Available in Misleading Advertising Cases—Canada,” presented at Coordinating a Global Advertising Litigation Strategy, 3rd Expert Forum on Litigating and Resolving Advertising Disputes, American Conference Institute, New York, New York, June 19-20, 2012
- Canadian Marketing, Advertising & Regulatory Law Update, Issue 10, 2011
Community involvement
- Ryerson Pro Bono Law Clinic and Law and Business Program
Corporate directorships
- Past Chair and Vice-Chair of the Marketing Practices Committee of the Canadian Bar Association’s Competition Law Section
Professional memberships
- The Law Society of Ontario
- Canadian Bar Association
- Ontario Bar Association
- American Bar Association
Bar admissions & education
- Ontario Bar, 2011
- LL.B., University of Ottawa, 2010
- B.A., McGill University, 2007
