The Canadian Food Inspection Agency recently published
Guidelines on Natural, Naturally Raised, Feed, Antibiotic and
Hormone Claims to promote clear and truthful labelling and
advertising. The guidelines set out certain unacceptable claims,
and provide examples of acceptable claims provided particular
criteria are met.
The CFIA is seeking comments on these guidelines from interested
Canadians until November 27, 2011. Notwithstanding this
consultation, industry must comply with these guidelines, which
have already been in effect. The guidelines are available here.
QUÉBEC CRACKS DOWN ON SIGNS NOT IN FRENCH
On August 31, 2011 the Office de la langue française,
Québec's French language authorities, issued a press
release informing businesses of its newest campaign on signage. The
Office's campaign aims to inform businesses of its existing
policy on the use of trade-marks on signs. The Office recognizes
that many businesses use English-only trade-marks as their business
names. According to the Office's policy, businesses can use
English-only trade-marks (or trade-marks in a language other than
French) to identify themselves, notably on their signs, to the
extent that the trade-marks are registered in Canada and that they
are accompanied by a French generic term that describes their
activities, products and/or services. Over the upcoming months, the
Office intends to ensure that business signs respect this policy
and has already begun approaching businesses with existing
francization programs and certificates. That being said, according
to its press release, the Office will offer businesses a transition
period to ensure compliance.
AWAITING THE IN FORCE DATE OF ANTI-SPAM LEGISLATION
In December 2010 Canada's anti-spam legislation was passed.
This summer the Canadian Radio-television and Telecommunications
Commission and the Department of Industry published their
respective draft regulations for consultation.
In the coming months, the government expects to set a specific
date for the anti-spam legislation to be in force.
Among other things, once the anti-spam legislation is in force,
companies will need to (a) have obtained consent before sending
commercial electronic messages unless the activity falls under a
prescribed exception, and (b) set out certain information in the
message including how to unsubscribe from future messages.
For information regarding the anti-spam legislation and
regulations, please see our bulletins "Bill C-28: Canada's
Anti-Spam Legislation Passes" – The
Impact on your Marketing Programs and Practices" available here and "Anti-Spam Regulations
Finally Published – Not a Lot of Enlightenment"
CONSUMER PRODUCT SAFETY LEGISLATION IN FORCE
On June 20, 2011 the Canada Consumer Product Safety Act came
into force. Among other things, it imposes record keeping
obligations and reporting of incidents within a prescribed time
period. The definition of "consumer products results in the
legislation being broad in scope. Companies which give away
promotional items are also caught. Please see our bulletin
The Impact of the Canada Consumer Product Safety Act on
Advertising, Packaging, Labelling, Distribution and Testing of
Consumer Products" available here for more information.
NEW FOOD LABELLING REQUIREMENT: ALLERGENS
Earlier this year Health Canada published amendments to the Food
and Drug Regulations in respect of food allergen labelling. These
new regulations will come into force on August 4, 2012. The
requirements include the source of a food allergen or gluten being
shown on the label of prepackaged food in a prescribed manner, and
added sulphites being shown on the label of prepackaged food when
they are present in a total amount of 10 parts per million or
Effective September 1, 2016, the Disposition of Surplus Real Property Regulation to the Ontario Education Act was amended with the intention to reduce barriers to the formation of health and community hubs in Ontario.
Health Canada is proposing to change the way that it regulates non-prescription drugs, natural health products and cosmetics in Canada, which will now be referred to collectively as "self-care products."
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