The weather is quite pleasant so I will make no comment.
Following up on misleading advertising it is important to
understand the rules for determining who is responsible for the
making of alleged misleading representations. The rules are clear
but frequently come as a shock to importers of products.
Responsibility for Representations Under the
For the purposes of both the criminal and reviewable matters,
the Act contains specific rules to clarify the
responsibility for the making of representations within the chain
of distribution. A representation that is:
a) expressed on an article offered or displayed for
sale, its wrapper or container,
b) expressed on anything attached to, inserted in or
accompanying an article offered or displayed for sale, its wrapper
or container, or anything on which the article is mounted for
display or sale,
c) expressed on an in-store or other
d) made in the course of in-store or door-to-door
selling to a person as ultimate user, or by communicating orally by
any means of telecommunication to a person as ultimate user, or
e) contained in or on anything that is sold, sent,
delivered, transmitted or in any other manner whatever made
available to a member of the public,
is deemed to be made to the public by and only by the person who
caused the representation to be so expressed, made or contained
and, where that person is outside Canada, a representation
described in paragraph (a), (b), (c) or (e) is, for the purposes of
the relevant sections of the Act, deemed to be made to the
public by the person who imported the article, thing or display
Subject to the provisions summarized above, a person who, for
the purpose of promoting, directly or indirectly, the supply or use
of a product or any business interest, supplies to a wholesaler,
retailer or other distributor of a product any material or thing
that contains a representation, which is false or misleading
contrary to the provisions of the Act, is deemed to have made that representation
to the public.
In most cases the impact of the rules are straight forward.
However, they frequently come as a significant surprise to
importers of prepackaged products or importers who reproduce
representations made by their supplier in point of sale material.
Importers should consider their potential liability early in the
process and act appropriately.
The Canadian Competition Bureau issued a template document for use as a form of Consent Agreement, to be filed with the Competition Tribunal to resolve concerns the Bureau may have with proposed mergers.
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