Advertising and Marketing Law

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Advertising and Marketing Law

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Maclaren Corlett’s advertising and marketing lawyers in Ottawa and Toronto recognize the unique and time-sensitive nature of this area of practice. Over the past four decades, our law firm has provided advertising agencies, corporate clients and their marketing departments across Canada and around the world with practical, proactive and timely solutions to a wide variety of legal issues and challenges. That’s why our clients treat us as part of their own advertising and marketing teams.

Experienced in all aspects of advertising and marketing law, our lawyers provide advice on food and drugs, cosmetics, medical devices, retail services, publishing, the automotive sector and telecommunications. By involving legal counsel as early as the concept stage, you can identify potential concerns and find creative ways to preserve the integrity of your ideas — while overcoming potential issues that could be expensive to address later on.

Advertising

Our lawyers can support you with legal counsel as you develop advertising campaigns and review copy to ensure compliance with the misleading advertising provisions of the Competition Act, Health Canada guidelines, Advertising Standards Canada guidelines, industry codes and standards, and provincial regulations. We also provide advice on comparative advertising and assist with review of product performance claims. Our advertising and marketing lawyers also respond to trade and consumer complaints, misleading advertising inquiries, and governmental inquiries or investigations.

Contests

Our law firm can help you structure contests to ensure they comply with provincial and federal legislation including consumer protection legislation and privacy/anti-spam requirements. Whether you’re conducting a traditional regional contest or a complex social media program, our lawyers will work with you to understand your objectives, identify compliance risks and maximize the effectiveness of the program.

Licensing and co-promotion

Many of our clients engage in marketing and promotional activities that require co-promotion, merchandising or licensing agreements with other entities. Our lawyers can assist you in these areas and in negotiating and drafting agreements related to product marketing and promotional matters, including agency—client, sponsorship, spokesperson, charitable and confidentiality agreements.

Packaging and labelling

Our advertising and marketing lawyers regularly assist clients in all sectors and industries with packaging and labelling requirements. We draw on extensive experience dealing with federal departments and language authorities in Québec (Office québécoise de la langue française) to ensure compliance not only with packaging and labelling laws but also applicable policies, industry codes and guidelines.

Promotions

While traditional promotions still play a key role in many marketing plans, today’s technology has greatly expanded the types of activities and media that can be used to communicate with current and potential customers. Our advertising and marketing lawyers have expertise in areas such as contests, coupons, rebates, gift cards, pricing offers and rewards programs.

We invite you to contact Gordon, Mary or Megan to discuss any potential matters or questions you may have with respect to advertising and marketing law.

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