Whether or not an ad, label or promotional material is going to be considered misleading is not always an easy thing to figure out. Is what you say on your label and in your promotional material true and verifiable? While each individual statement or picture may itself be true, it is the overall impression which is created when all of those words and images are combined that matters.
Is a testimonial a true testimonial from an independent person or does it come from you or one of your employees? Do you have adequate and proper testing to support product efficacy and how long it lasts? How gullible does a consumer have to be before he or she is entitled to protection? Even if the Competition Bureau or Provincial authorities don’t appear to be concerned, are you at risk from your competitors, from consumers and from class action lawyers? A fantastic promotional idea only remains fantastic if it doesn’t come back to bite you! All of these, and others, are things you should question so often that they become forefront in your mind on every review…obviously look for the right answers as well.
Is each component and the overall perception created by your ad, true and verifiable? Are any disclaimers required and, if so, are they clear in terms of verbiage, location and legibility? Disclaimers do not protect you from misleading claims! Sure there is more, but you get the idea!
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