Kelly Harris’ practice focuses on marketing, advertising, and regulatory law. 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 and Marketing Law, 2017 – 2019
Thought leadership
Presentations
- “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
Miller Thomson lawyers recognized in The Best Lawyers in Canada 2019
In the just released 2019 edition of The Best Lawyers in Canada, 144 Miller Thomson lawyers from across the country have been recognized for their expertise in 47 areas of law. This includes 6 lawyers who were awarded “Lawyer of the Year” in...
Miller Thomson lawyers recognized in The Best Lawyers in Canada 2017
126 Miller Thomson lawyers from across the country and in numerous areas of law have been recognized for their expertise in the 2017 edition of The Best Lawyers in Canada. This result is up from 122 lawyers ranked last year....
Kelly Harris appointed Chair of CBA marketing practices committee
The committee, formed under the CBA’s Competition Law section, deals with with deceptive marketing provisions of the Competition Act, including misleading advertising, telemarketing and marketing practices.
Kelly Harris promoted vice chair of CBA marketing committee
Kelly Harris, an Associate in Miller Thomson’s Marketing, Advertising and Regulatory group, was promoted to Vice-Chair, of the Canadian Bar Association’s Marketing Practices Committee. The committee is formed under its Competition Law Section.
Kelly Harris speaks on “What are you smoking? Cannabis legalization comes to Canada” at OBA conference
Kelly Harris speaks at the OBA “Advertising & Marketing Law: Social, Digital, Online Compliance – Legal Issues for 2018 and Beyond” conference in Toronto.
Kelly Harris moderates at CBA Competition Law Fall Conference
Kelly Harris moderates on the topic of “Retail Pricing and Marketing in the Digital Economy: Understanding the Pitfalls and Opportunities When the Worlds of Consumer Protection and Privacy Collide” at The Canadian Bar Association’s Competition Law Fall Conference in Ottawa.
Kelly Harris presents Compliance webinar
Kelly Harris speaks at the Canadian Bar Association webinar on “Compliance in a Digital World: The Changing Role of In-House Counsel”. As digital technologies and capabilities continue to evolve at a fast pace, the role of in-house counsel is also...
Kelly Harris speaks on Advertising and Marketing Law
Kelly Harris presents at the Canadian Institute’s 24th Annual Advertising & Marketing Law conference, on the topic of “The Highs and Lows of Advertising Marijuana Products…A Spotlight on Cannabis”.
Catherine Bate and Kelly Harris speaks on Advertising and Marketing Law
Catherine Bate and Kelly Harris presents at the Canadian Institute’s 23rd Annual Advertising & Marketing Law seminar. Kelly will present on Sponsorship, Ambush Marketing and Cause Marketing on January 23, and Cathy presents on Best Practices for Lawyers on January...
Eric Dufour and Kelly Harris speak at competition law conference
The CBA Competition Law Fall Conference is the largest competition law conference in Canada, bringing together hundreds of participants from all segments of the Canadian and global competition law community, including enforcement officials, in-house counsel, economists, and others in order to...
Kelly Harris hosts Competition Bureau roundtable
The roundtable on “Enforcement Priorities and Hot Topics in Marketing and Advertising” is presented by the Canadian Bar Association’s National Competition Law Section. Kelly Harris chairs the Marketing Practices Committee of the Competition Law Section.
Eric Dufour and Kelly Harris present at Advertising and Marketing Law conference
The 22nd Annual Advertising and Marketing Law Conference is presented by the Canadian Institute. Eric Dufour speaks on “Recent Pricing Cases and Performance Claims, Enforcement and Trends”. Kelly Harris speaks on “Marketing Online Using Talent, Endorsements and Sponsorship”.
Kelly Harris speaks on ambush marketing
Kelly Harris presents “Ambush Marketing: International Regulation and Enforcement”.
Catherine Bate and Kelly Harris speak at the 21st Annual Advertising & Marketing Law event on the topic “Marketing and Advertising 2.0: The Challenges & Opportunities of Mobile Marketing” on January 27.
Advertising Law and the Digital Economy
The Marketing, Advertising and Product Compliance Group hosts an informative morning program designed to help advertising industry professionals keep up with the changing demands of digital and social when developing compliant marketing and advertising initiatives. Group leader Catherine Bate will...
Medical Cannabis for the Health Industry
Miller Thomson’s National Health Industry Group Webinar Series Join us as our panel of experts examines a series of topics on Medical Cannabis for the Health Industry. Topics include: •production and use •differences between medical and recreational cannabis •sale and...
Marketing and Advertising Seminar – Waterloo
A One-Stop Marketing & Advertising Law Workshop Regulatory enforcement with respect to various marketing practices is on the rise. Consumers are becoming increasingly savvy and holding companies accountable, too. For the sake of both your bottom line and brand reputation,...
Marketing & Advertising Seminar – Toronto
Catherine Bate, Kelly Harris, Catherine Dennis Brooks and Janet Feasby of Advertising Standards Canada present A One-Stop Marketing & Advertising Law Workshop. Regulatory enforcement with respect to various marketing practices is on the rise. Consumers are becoming increasingly savvy and holding...
Marketing & Advertising Seminar – Vancouver
A One-Stop Marketing & Advertising Law Workshop Regulatory enforcement with respect to various marketing practices is on the rise. Consumers are becoming increasingly savvy and holding companies accountable, too. For the sake of both your bottom line and brand reputation,...
Hot Topics in Advertising Law in the United States and Canada
Miller Thomson and the Global Advertising Lawyers Alliance (GALA) host a program on important advertising issues to consider when advertising in the United States and Canada. The program covers key areas of regulatory enforcement, advertising in social media, sweepstakes and promotions,...
Cannabis Act Receives Royal Assent; New Cannabis Regulations Released
Cannabis will be a legal product in Canada on October 17, 2018, albeit with rigorous regulatory restrictions, including highly restrictive packaging and advertising rules. This comes after significant dialogue between the House of Commons and the Senate, and almost three...
Cannabis Legalized with Strict Advertising and Packaging Rules
Cannabis will be a legal product in Canada on October 17, 2018, albeit with rigorous regulatory restrictions, including highly restrictive packaging and advertising rules. This comes after significant dialogue between the House of Commons and the Senate, and almost three...
Potential ban on cosmetic animal testing in Canada: Bill S-214, Cruelty-Free Cosmetics Act
Bill S-214 (“Bill”) proposes a prohibition on testing cosmetics on animals and selling cosmetics manufactured using cosmetic animal testing. Introduced by Senator Carolyn Stewart Olsen back on December 10, 2015, the Bill would amend the Food and Drugs Act. It...
Update on CFIA Food Labelling Modernization Initiative
Launched in June 2013, the Canadian Food Inspection Agency (CFIA)’s Food Labelling Modernization (FLM) initiative has been an ongoing project to overhaul food labelling in Canada. The foundation of these changes is the 2012 Safe Food for Canadians Act (SFCA)...
Amazon to pay $1,000,000 to Competition Bureau for Unsubstantiated Sales Prices
Amazon has agreed to pay a $1,000,000 administrative monetary penalty and $60,000 in Competition Bureau costs, following the Bureau’s conclusion that Amazon did not substantiate its sale prices. Vendors, lenders and lessors should take special care when setting and advertising...
Coming Soon: Personal Care Products Regulation Overhaul
Health Canada has released its Consultation Paper on the Regulation of Self-Care Products, the first step in a long anticipated regulatory overhaul of this category. The proposed framework, if adopted, will mean a sweeping overhaul of how cosmetics and personal...
Calorie Menu Disclosures Coming to Ontario
Ontario legislation to overhaul in-store calorie advertising requirements There are some sweeping new food and beverage disclosure requirements coming into play for the food industry in Ontario. The Healthy Menu Choices Act, will come into force on January 1, 2017,...
Competition Bureau Ramps Up Investigations into Donation Fraud
The Competition Bureau (the “Bureau”) has recently been increasing its oversight over false and misleading representations made in connection with charitable claims. The Bureau is the government regulator responsible for investigating and enforcing deceptive marketing and advertising practices in Canada. ...
Cost-Sharing Project Funding Revitalized under Growing Forward 2
Co-Author: Emma Nicholl, Articling Student The agri-food industry is set for exciting developments in 2016. The recent change in government has brought a renewed political focus on Growing Forward 2 (GF2), the policy framework for the agriculture and agri-food sectors...
Food Labelling Overhauled
Federal and Ontario legislation to overhaul in-store advertising requirements and on-pack labelling disclosures For the first time in a while, there are some sweeping new labelling disclosure requirements coming into play for the food industry, at both the Ontario and...
Alltech acquires Masterfeeds, creating one of Canada’s largest animal nutrition offerings
Counsel to Ag Processing Inc. in its sale of shares of Masterfeeds Inc. to Alltech