Marketing, Advertising & Product Compliance

Overview

Miller Thomson is home to one of Canada’s leading legal practices in marketing, advertising and consumer product regulatory and compliance matters.  Our national practice group consists of dedicated and dynamic lawyers who are responsive to the needs of our clients and who provide practical advice.  We work with clients from inception through execution of advertising campaigns, marketing strategies, and new product launches.  Whether it is developing a complex social media promotion, substantiating a product performance claim (or challenging that of a competitor), or introducing a new product or brand into the Canadian market, our professionals can help you to find efficient and forward-thinking solutions to your legal challenges.

We offer experienced and comprehensive advice in a wide range of issues including:

Advertising: Advertising review and clearance services from concept through creation, addressing issues such as false and misleading advertising, claim substantiation, or challenges from consumers, competitors, or regulators.

Promotions and Marketing: Promotional activities ranging from traditional sweepstakes to complex social media, viral and user-generated campaigns; promotions tools including gift cards, coupons, reward programs and rebates; pricing and price advertising compliance.

Consumer Product Regulatory/Compliance: Packaging, labelling, advertising, product standards and product safety advice; navigating specially regulated products including food, electronics, textiles, children’s toys, alcoholic beverages, natural health, drugs, cosmetics, and medical devices; product recalls.

Consumer Protection: Consumer agreements, including ecommerce and direct marketing; national coverage, including navigating the nuances applicable to language and consumer protection in Quebec.

Privacy & Anti-Spam: Developing and implementing privacy policies and practices, and keeping them current with evolving legal and industry trends; strategies for compliance and effective execution of email, text and social campaigns in the age of Canada’s anti-spam law (“CASL”); data protection and management.

Industry Agreements: Drafting and negotiating agreements associated with marketing and advertising-related programs, including agency-client, co-promotions, sponsorship, talent, charitable co-promotions, confidentiality, and rights licensing agreements.

Global Advertising Lawyers Alliance: Miller Thomson is proud to be the sole Canadian member of the Global Advertising Lawyers Alliance (GALA), an international network allowing us to coordinate and consolidate advice for multinational promotional programs, advertising campaigns, intellectual property and privacy issues across numerous jurisdictions.

Our professionals are routinely ranked as leaders in industry and we also act in leadership capacities within the advertising and marketing bar in Canada. We are frequently asked to chair and speak at legal and industry conferences both in Canada and internationally.

COVID-19 Resources

We have written on a variety of topics to help identify the pertinent issues, understand the legal implications, minimize risk exposure and manage legal obligations.

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Marketing, Advertising & Product Compliance Communiqué

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