The following is a synopsis of a presentation given at BLG's Marketing Law News Flashes Conference held on February 28, 2013:
Even if you are not a member of Advertising Standards Canada ("ASC"), a consumer, special interest group or another advertiser can complain to ASC about one of your advertisements. ASC will review whether the Canadian Code of Advertising Standards ("Code" ) applies and whether there are reasonable grounds for the complaint to exist. The Code has a number of provisions, including some dealing with accuracy and clarity, price claims, guarantees, comparative advertising, testimonials, superstition and fears, advertising to children, and unacceptable depictions and portrayals, to name a few. Before you finalize your advertisement, consider reviewing it against the Code, or you may find yourself justifying your advertisement to a complainant or ASC, and risk seeing your name in print for contravening the Code.
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