“Product of Canada” and “Made in Canada” claims
“Made in Canada” or “Product of Canada” claims (“Canadian origin claims”) can be a useful marketing tool for companies to differentiate their product and appeal to those consumers who desire to buy Canadian products where possible. Although these claims are...
Proposed policy on food advertisements directed to children in Canada
Editor’s note: since the date of this article being published, Health Canada has extended the deadline to provide feedback to the Proposed Policy to June 19, 2023. Health Canada has released a policy update which indicates that it intends to...
Recent consultation on potential amendments to the cannabis regulations
Health Canada recently sought public feedback on potential amendments to the Cannabis Regulations (the “CR”), which were proposed to reduce current regulatory burdens while still addressing public health and safety risks. Noting that the legal cannabis industry has matured since...
Reminder: New Canadian requirements for food and beverage product advertising that may be directed to children
Ad Standards Canada (“Ad Standards”) has indicated that, later in 2023, it will begin administering and enforcing the Code for the Responsible Advertising of Food and Beverage Products to Children (the “Code”), which requires advertisers to use caution when advertising...
New regulations for supplemented foods
In 2022, Health Canada introduced the Supplemented Foods Regulations to help better safeguard consumer health and safety while also providing a clear regulatory framework for supplemented foods. The requirements for supplemented foods, including compositional and labelling requirements, are outlined in...
Bill 96 amending the Charter of the French Language: Key implications for trademark owners
On May 24, 2022, the National Assembly of Québec adopted Bill 96, An Act respecting French, the official and common language of Québec (“Bill 96”), which received assent on June 1, 2022. Bill 96 amends the Charter of the French...
Consultations on regulatory proposal for disclosure of fragrance allergens on cosmetic labels: Open until April 22, 2023
Health Canada recently announced proposed changes to the Cosmetic Regulations (Canada) in connection with the disclosure of fragrance-based allergens on product labels. It has launched a consultation on this topic, inviting interested parties to provide comments on the proposed changes. The...
2022 Year in Review – legal updates in Canadian marketing, advertising and product compliance
2022 proved to be an interesting year in the advertising, marketing and product compliance space in Canada. From changes to labelling requirements for foods and natural health products, amendments to Canada’s Competition Act to address drip pricing, an increased focus...
Drip pricing practices prohibited under Canada’s Competition Act
As a result of the June 23, 2022 amendments (the “Amendments”) to the Canadian Competition Act (the “Act”), drip pricing is now expressly recognized as a deceptive marketing practice and prohibited under the civil (subsection 74.01(1.1)) and criminal (subsection 52(1.3)) provisions...
Food labelling in Canada: New Food Product Innovation initiative changes
On July 6, 2022, the Government of Canada made several changes to the Food and Drugs Regulations (“FDR”) and the Safe Food for Canadians Regulations (“SFCR”) (collectively referred to as the “Regulations”). These changes are the result of Canada’s Food Product Innovation...
