Substance Law provides legal services relating to advertising, marketing, promotional campaigns, and regulatory compliance across Canada. We advise businesses operating in regulated and consumer-facing industries on marketing law risks, advertising compliance, promotional restrictions, and consumer protection obligations.
Marketing and advertising activities in Canada are governed by a combination of federal and provincial laws, industry-specific regulations, and advertising standards. Businesses must ensure that advertising claims, promotional campaigns, contests, influencer marketing, and digital advertising practices comply with applicable legal requirements.
We assist companies in reviewing advertising materials, assessing legal risk, and structuring compliant marketing campaigns.
Advertising and Marketing Laws in Canada
Advertising and marketing activities may be regulated under multiple legal frameworks depending on the industry and type of promotion.
Key laws may include:
- the Competition Act
- the Food and Drugs Act
- the Cannabis Act
- provincial consumer protection legislation
- privacy and anti-spam laws
- industry-specific advertising rules
Advertising must not be false, misleading, deceptive, or otherwise non-compliant with applicable laws.
Advertising Claim Review and Compliance
We review advertising and marketing claims for legal and regulatory compliance.
This includes review of:
- health and wellness claims
- comparative advertising
- performance claims
- “natural,” “organic,” and environmental claims
- influencer and endorsement claims
- testimonials and reviews
- product efficacy claims
Marketing claims may require substantiation and supporting evidence depending on the nature of the representation.
Food, Beverage, and Consumer Product Advertising
Substance Law advises businesses in the food, beverage, and consumer packaged goods sectors regarding advertising and promotional compliance.
We assist with:
- food and beverage advertising reviews
- nutrition and health claims
- front-of-package marketing
- influencer campaigns
- promotional contests and giveaways
- packaging and label marketing claims
Regulated products may be subject to heightened advertising restrictions.
Cannabis Marketing and Advertising Compliance
Cannabis advertising in Canada is heavily restricted under the Cannabis Act.
We advise cannabis businesses regarding:
- prohibited promotions
- inducements and endorsements
- sponsorship restrictions
- packaging and branding limitations
- age-gating and digital advertising
- retail promotional compliance
Cannabis marketing requires careful review to avoid enforcement risk.
Alcohol and Liquor Advertising
Alcohol advertising is regulated through provincial liquor laws, advertising standards, and industry-specific restrictions.
We assist with:
- liquor promotional campaigns
- influencer and social media marketing
- sponsorship arrangements
- retail and on-premise advertising
- alcohol contest compliance
Advertising restrictions may vary significantly by province.
Promotional Contests and Sweepstakes
Businesses conducting contests or giveaways in Canada must comply with legal requirements relating to advertising, disclosure, and prize administration.
We assist with:
- contest rules and terms
- skill-testing question requirements
- Quebec considerations
- promotional compliance reviews
- giveaway structuring
Properly drafted contest terms can help reduce legal risk.
Influencer Marketing and Social Media Advertising
Digital advertising and influencer campaigns are subject to advertising and disclosure obligations.
We advise on:
- disclosure and sponsorship requirements
- affiliate marketing
- user-generated content
- platform advertising policies
- social media promotional compliance
Influencer campaigns may create legal risk if endorsements are misleading or improperly disclosed.
E-Commerce and Online Marketing Compliance
Online businesses must ensure that digital advertising practices comply with Canadian laws.
We assist with:
- online advertising reviews
- subscription and automatic renewal disclosures
- email and SMS marketing compliance
- website promotional practices
- digital consumer protection issues
Online marketing activities may engage privacy, anti-spam, and consumer protection laws.
Competition Law and Misleading Advertising
The Competition Bureau Canada enforces laws relating to misleading advertising and deceptive marketing practices.
We advise businesses regarding:
- deceptive marketing risks
- comparative advertising
- drip pricing
- performance representations
- consumer representations
Businesses may face regulatory investigations, penalties, or litigation for non-compliant advertising practices.
Packaging, Branding, and Marketing Materials
Marketing compliance extends beyond advertisements and includes packaging and brand messaging.
We assist with review of:
- product packaging claims
- branding strategies
- point-of-sale marketing materials
- website representations
- product launch campaigns
Regulated industries often face additional restrictions regarding packaging and branding.
Regulatory Investigations and Enforcement
We assist businesses responding to regulatory inquiries and enforcement matters relating to advertising and promotions.
This may include:
- Competition Bureau investigations
- Health Canada correspondence
- provincial regulatory issues
- consumer complaints
- advertising disputes
Early legal review may help reduce enforcement exposure.
Why Work With Substance Law
- experience with regulated products and industries
- practical advertising and promotional compliance advice
- support for digital and traditional marketing campaigns
- understanding of consumer protection and regulatory frameworks
- experience across food, cannabis, liquor, fintech, health, and e-commerce sectors
We assist businesses in developing compliant marketing strategies while managing regulatory and reputational risk.
Work With a Marketing and Advertising Lawyer in Canada
If your business is launching a campaign, promoting regulated products, or reviewing advertising compliance obligations, Substance Law can assist.
We provide legal services relating to marketing, advertising, promotional campaigns, and consumer protection compliance across Canada.
Contact Substance Law to discuss your advertising and marketing compliance needs.
Frequently Asked Questions
What laws regulate advertising in Canada?
Advertising in Canada may be regulated under the Competition Act, Food and Drugs Act, Cannabis Act, provincial consumer protection laws, and industry-specific regulations.
What is misleading advertising in Canada?
Misleading advertising generally includes false or deceptive claims that could influence consumer purchasing decisions.
Can lawyers review marketing claims before launch?
Yes. Lawyers may review advertising materials, claims, and promotional campaigns to assess legal and regulatory risk.
Are cannabis advertising rules stricter than other industries?
Yes. Cannabis advertising is heavily restricted in Canada and subject to specific promotional limitations under the Cannabis Act.
Do promotional contests need legal terms and conditions?
Yes. Promotional contests should include properly drafted rules and disclosures to comply with Canadian legal requirements.
Can influencer marketing create legal risk?
Yes. Influencer campaigns may create legal issues if sponsorships or endorsements are not properly disclosed or if claims are misleading.
What is drip pricing under Canadian law?
Drip pricing refers to advertising a price that does not include mandatory fees or charges that are added later in the purchasing process.
Can businesses be fined for misleading advertising?
Yes. Regulatory authorities may investigate deceptive marketing practices and impose penalties or enforcement measures.
