Thread: The Province: Cody Hodgson Discussion
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09-17-2010, 01:31 PM
Join Date: Sep 2003
Location: Out There
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Originally Posted by Proto View Post
That's my operating assumption. Truth in advertising is a misnomer.
Not so.

Misleading advertising and deceptive marketing practices are criminal offences under the Competition Act. The Act applies to all representations to the public to promote the sale of products, regardless of form. Both companies and individuals can be charged. In situations where it can be proven that an individual is directly responsible for an offence under the misleading advertising and deceptive marketing practices provisions, the Director will not hesitate to recommend to the Attorney General of Canada that charges be laid under the Act.

Section 52(1)(a) of the Act contains the general prohibition against misleading advertising and states that misleading advertising will occur when a materially misleading representation is made to the public in the promotion of a product or service. If the representation could influence a consumer to buy the product or service advertised, it is considered to be material. To determine whether an advertisement is misleading, the courts consider the general impression it conveys, as well as its literal meaning. Advertisers are often surprised to learn that it is not a valid defence to say that they did not intend to mislead their customers. This was recently upheld by the Supreme Court of Canada in the wholesale Travel case. The Crown need only prove that the effect of the advertisement was misleading.

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