29th Annual Advertising & Marketing Law - DS

Austin Wong

CANDICE KLOES

AUSTIN WONG

The Canadian Institute is pleased to invite you back to our 29th Annual Advertising and Marketing Law conference taking place in-person in Toronto on January 18–19, 2023.

Legal and regulatory professionals in marketing and advertising are setting their calendars for this industry-leading event and recognize it as the premier source of information and practical guidance in their area of practice!

The Future of Advertising and Marketing in the Metaverse Will Change Legal Practices

As the metaverse becomes the next evolution of the digital age, it presents a whole universe of legal challenges for advertisers and marketers. As a result, it’s imperative that lawyers have their playbooks ready. Attend this event to understand how to navigate the legal implications of the metaverse, explore legal challenges and risks with NFTs, and understand the relationship between IP and the Non-Fungible Token (NFT).

Social Media Continues to Pose Challenges to Advertising and Marketing

We will examine how the role of social media and influencers continues to evolve and affect advertising and marketing law. We will also explore best practices to putting a stop to false reviews and endorsements.

Recent Environment Claims Are Shaking up the Advertising and Marketing Landscape

We will assess new restriction guidance on green claims in Canada as well as best practices for making a green and sustainable claim through an in-depth study of the Canada-wide class action lawsuit against Keurig Canada.

New Defense Strategies are Emerging for Class-Action Lawsuits for False or Misleading Claims Under the Competition Act

We will present a case study on Rebuck v Ford, one of Canada’s most groundbreaking advertising cases in recent memory and how it has changed the Canadian advertising and marketing class actions landscape. There will be in-depth analysis on what constitutes false and misleading evidence under the Competition Act as well as how the defense can still succeed on the merits despite class certification.

Learn from our all-star faculty as they provide you with solutions to your most complex advertising and marketing legal challenges in Canada as well as the U.S.

Annually, we assemble a faculty of leading legal practitioners and top industry minds to help you understand all new developments affecting every aspect of Advertising and Marketing Law. This year, we are pleased to have representatives from Ad Standards and BBB from the US participate in comparative studies of Canadian and U.S. advertising practices.

Register today for Canada’s most comprehensive Advertising and Marketing Law conference where the top minds convene to network and engage in thought-provoking discussions.

Be part of CI’s renowned event which shapes the law, policy and proceedings of Canadian Advertising and Marketing Law.

Distinguished Faculty

CO-CHAIRS

Candice Kloes

Counsel, Marketing & IP, Canada & International

Tim Hortons, Popeyes, and Burger King Brands

Austin Wong

Head of Legal and Business Affairs

Wattpad WEBTOON Studios

Jill Briggs

Head of Policy and Regulatory Affairs Interactive Advertising Bureau of Canada

Sonia Carreno President Interactive Advertising Bureau of Canada

SPEAKERS

Katherine Armstrong

Deputy Director, National Advertising Division BBB National Programs

Catherine Bate President & Chief Legal Officer Ad Standards

René Bissonnette

Partner

Gowling WLG

Evie Bouras Counsel

McCarthy Tétrault LLP

Marie-Christine Eldridge

General Counsel, Canada Dentsu International

Joanna Fine

Partner, Privacy and Data Management

Osler Hoskin & Harcourt LLP

Burtley G. Francis Partner

Stewart McKelvey

Angela Giancaterini Senior Corporate Counsel Kellogg

Jason W. Gordon Partner

Reed Smith LLP

Kelly Harris Partner

Harris + Co

Chris Hersh Partner

Norton Rose Fulbright Canada

Ryan Krahn Legal Counsel

Just East Takeaways.com

Pei Li Partner Blake, Cassels & Graydon LLP

Ron Lund

President and CEO Association of Canadian Advertisers

Elizabeth Manley Director, Marketing and Trademark Law Cineplex

Janine McNeil Partner McMillan

Marisa Muchnik

General Counsel, Canada Ferrero Canada Ltd

Amy Ralph Mudge Partner

Baker Hostetler LLP

Josephine Palumbo

Deputy Commissioner of Competition

Competition Bureau Canada

Shelley Samel Senior Legal Counsel Ad Standards

Pierre Savoie Partner LJT Avocat

Marina Seidl Counsel Royal Bank of Canada

Alice Tseng

Principal Smart & Biggar LLP

Paul-Erik Veel Partner Lenczner Slaght

7:30 AM

8:30 AM

Registration and Continental Breakfast

Co-Chairs’ Opening Remarks

microphone-alt Candice Kloes, Counsel, Marketing & IP, Canada & International, Tim Hortons, Popeyes, and Burger King Brands

Austin Wong, Head of Legal and Business Affairs, Wattpad WEBTOON Studios

8:45 AM

Year-in-Review: Developments in Canadian Advertising and Marketing

microphone-alt Candice Kloes, Counsel, Marketing & IP, Canada & International, Tim Hortons, Popeyes, and Burger King Brands

Austin Wong, Head of Legal and Business Affairs, Wattpad WEBTOON Studios

Class Actions Case Study

9:30 AM

CLASS ACTIONS for ADVERTISING LAWYERS: What You Need to Know Now to Manage Growing Class Action Risk

microphone-alt Kelly Harris, Partner, Harris + Co

Paul-Erik Veel, Partner, Lenczner Slaght

Join us for an in-depth case study on Rebuck v Ford, one of Canada’s most groundbreaking advertising cases in recent memory. Our panelist will provide insights on how this case has changed the Canadian advertising and marketing law class actions landscape. Points of discussion will include:

• A post-mortem of the defense’s success on the merits despite class certification

• An analysis of what constitutes false and misleading evidence under the Competition Act

• An in-depth examination of the Consumer Protection Act

10:30 AM Morning Networking Break

Focus on Green Claims

10:45 AM

What

It Means to be ‘Green’ – Applying Truth-In Advertising Principles to Environmental Claims

microphone-alt Katherine Armstrong, Deputy Director, National Advertising Division, BBB National Programs

René Bissonnette, Partner, Gowling WLG

• Understanding the new restriction guidance on green claims in Canada

» Establishing best practices for making a green sustainable claim

» Developing safeguards for avoiding misleading green claims

• Examining the U.S. approach to green claims per the BBB National Programs guidelines

» Update in the U.S./Canadian competition authorities’ stance on green claims

» Examining what regulators and self-regulators are looking for in terms of claims substitution for green claims

• Comparing the U.S. and Canadian approaches

• Promoting environmental claims without pushing “greenwashing”

11:45 AM

Green Claims Case Study: Keurig Canada vs Competition BureauRecyclable K-Cup Pod Class Action

microphone-alt Chris Hersh, Partner, Norton Rose Fulbright Canada

This case study will detail the recyclability of the Canada-wide class action lawsuit against Keurig Canada for its false and misleading claims on its k-cup pods. Our speakers will provide insight into the Competition Bureau’s investigation and what led to the conclusion of the case.

• Understanding the impact of recenter enforcement changes to the Keurig Canada vs Competition Bureau case

• Identifying the steps involved to prepare the pods for recycling are false or misleading in certain municipalities

• Determining how to substantiate if your product is recyclable

The conference provided a great overall summary of the key trends and issues as it relates to Canadian (and U.S.) advertising and marketing.

Senior Associate, Borden, Ladner, Gervais

12:45 PM Networking Luncheon

1:45 PM

3:45 PM Afternoon Networking Break

4:00 PM

A Conversation

with Ad Standards and The Competition Bureau Concerning New Regulatory Developments in Advertising

microphone-alt Catherine Bate, President & Chief Legal Officer, Ad Standards

Josephine Palumbo, Deputy Commissioner of Competition, Competition Bureau Canada

Hear from representatives of the Competition Bureau and Ad Standards, Canada’s national regulator and self-regulatory organization with oversight of advertising and marketing practices. Learn about recent developments and their organizations’ priorities for enforcement, compliance, and education in the year ahead. Topics will include:

• Greenwashing and environmental claims

• Drip pricing and other updates to the Competition Act

• New guidance relating to the Canadian Code of Advertising Standards

• Influencer marketing

• Testimonials and reviews

• Trends in complaints and Section 9 applications

Focus on Food Advertising

2:45 PM

Product Labelling Changes: Front of Package Labelling Requirements and the Impact of Bill 96

microphone-alt Angela Giancaterini, Senior Corporate Counsel, Kellogg

Marisa Muchnik, General Counsel, Canada, Ferrero Canada Ltd.

In this session, our speakers will provide insights into the recent mandatory changes to front of package labelling, points of discussion will include

• Understanding how this change will affect food manufacturing and formulations

• Analyzing the new food frontal pack labelling requirements

• Determining how a company might need to change its IP and packaging

4:45 PM

Avoiding Unqualified Country of Origin Claims

microphone-alt Pei Li, Partner, Blake, Cassels & Graydon LLP

Over the last several years, there has been an uptick in “Made in Canada” claims resulting in the Competition Bureau to review is enforcement guidance to create more clarity and transparency for companies. Our audience will gain insight on how to substantiate these claims, while Canadian consumers continue to support local manufacturers.

Part One:

Designing Compliant Advertising Programs for Marketing Food

to Children

microphone-alt Shelley Samel, Senior Legal Counsel, Ad

Pierre Savoie, Partner, LJT Avocat

Standards

Ron Lund, President and CEO, Association of Canadian Advertisers

• Analyzing how new programs rolled out by industry groups including the Association of Canadian Advertisers will work towards meeting the new standards for advertising of food to children

» Identifying how this program differs from Canada’s previous children’s food and beverage advertising initiative

» Understanding the scope of who and what is captured in program and how to apply it

» Determining Ad Standards role in pre-clearance and ramifications for noncompliance in the future

• Examining how agencies, advertisers, and legal professionals coast to coast will adjust their practices and policies to comply to these new developments in food advertising to children

• Assessing how consumers interpret country of origin claims

• Identifying what the current standards are and anticipating changes to the requirements

• Understanding if you can make a “Made in Canada” claim without including a qualifying statement

• Determining the impact of political influence on enforcement priorities

• Understanding manufacturer-retailer liability with materials coming from different countries and the impact of COVID-19

5:30 PM

Co-Chair Closing Remarks

Conference Adjourns to Day Two

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MAIN CONFERENCE DAY TWO Thursday, January 19, 2023 (EST)

8:00 AM Registration and Continental Breakfast

9:00 AM

Co-Chairs’ Opening Remarks

microphone-alt Candice Kloes, Counsel, Marketing & IP, Canada & International, Tim Hortons, Popeyes, and Burger King Brands

Austin Wong, Head of Legal and Business Affairs, Wattpad WEBTOON Studios

9:15 AM

Understanding How the Evolving Role of Influencers in Canada and how Developments in the U.S. Continues to Change the Marketing and Advertising Playing Field in Canada

microphone-alt Jason W. Gordon, Partner, Reed Smith LLP

Janine McNeil, Partner, McMillian

• Assessing the successes vs. fails of recent social media trends and influencer activity

• Understanding what the obligations are as advertisers when engaging with influencers and identifying how to avoid liability

• Determining best practices for dealing with influencer contracts

• Understanding influencer and disclosure requirements

10:15 AM Morning Networking Refreshment Break

10:30 AM

False Reviews, Endorsements and Testimonials: The Fight to Stop Them and What Canadian Lawyers Can Learn from American Practices

microphone-alt Marie-Christine Eldridge, General Counsel, Canada, Dentsu International

Marina Seidl, Counsel, Royal Bank of Canada

Burtley G. Francis, Partner, Stewart McKelvey

In this session, our speakers will examine governing laws and regulations concerning false reviews and endorsements in Canada and the U.S. They will also provide practical tips on how to curb the practice of fake reviews online. Points of discussion will include:

• Identifying how Canada can learn from the recent changes to US guidelines

• Understanding The FTC and Canadian Competition Bureau’s latest framework and cases for enforcements and testimonials

• Determining best practices for disclosing material connections

11:30 AM

Advertising and Marketing in the Metaverse: A Lawyer’s Guide to A New Digital Reality, Including Blockchain, Crypto, NFTs, and Gaming

microphone-alt Amy Ralph Mudge, Partner, Baker Hostetler LLP

Sonia Carreno, President, Interactive Advertising Bureau of Canada

Austin Wong, Head of Legal and Business Affairs, Wattpad WEBTOON Studios

The metaverse, a universal virtual world, is a huge development for the brand-consumer relationship. It gives brands the ability to offer immersive digital experiences to consumers in a new way with no physical product exchanging hands. However, this brave new virtual world may present a whole universe of legal challenges for advertisers and marketers. Points of discussion will include:

• Understanding the framework of the metaverse and its legal implications for advertising and marketing

• Examining the role of blockchain and cryptocurrency in the metaverse and the potential legal hurdles they pose to advertising and marketing

• Exploring IP challenges with the metaverse

» How do block chain, crypto, and NFTs play out in the metaverse

• Exploring legal challenges and risks with NFTs in marketing and advertising

» Understanding the relationship between IP and the Non-Fungible Token (NFT)

» Identifying the “dos and don’ts” for advertisers with NFTs

» Understanding what brands need to think about when implementing an NFT and Metaverse Strategy

• Examining the legal implications for NFT use in gaming

12:30 PM Networking Luncheon

The depth of topics is comprehensive.

This conference hits on the most timely issues in this landscape.

Director, Legal Counsel, Corus Entertainment Inc.

1:30 PM

What Advertisers and Marketers Need to Know About the Recent Legalization of Internet Gaming in Ontario

microphone-alt Evie Bouras, Counsel, McCarthy Tétrault LLP

Recently introduced internet gaming in Ontario has gained the attention of advertisers and marketers. Our speakers will help you:

• Understanding how online gaming advertising will impact the Canadian advertising and marketing space for the years to come

• Identifying the legal implications of this type of advertising

• Determining how to compliantly promote internet gaming in Ontario and the rest of Canada

2:15 PM

“Dark Patterns” – What Are They and Are They Unlawful, Unethical or Just Clever Marketing?

microphone-alt Alice Tseng, Principal, Smart & Biggar LLP

Ensure you understand the evolving landscape on what is acceptable and what crosses the line. Our speak will detail:

• Various examples of dark patterns

• Regulation of dark patterns

• Consequences of engaging in dark patterns

3:15 PM Afternoon Networking Break

3:30 PM

New Considerations in Compliantly Executing Promotional Contests and Sweepstakes Under the Competition Act

microphone-alt Elizabeth Manley, Director, Marketing and Trademark Law, Cineplex

Ryan Krahn, Legal Counsel, Just East Takeaways

• Examining how the Competition Act applies to sweepstakes and promotional contests

• Assessing the contractual obligations of advertising contests and applying force majeure in the case of unprecedented circumstances

• Ensuring adequate and fair disclosure including monetary value, regional allocations, and odds of winning

• Determining how to register your sweepstakes in Canada and how this varies across the world

• Developing strategies for conducting a contest or sweepstakes that covers many jurisdictions

4:15 PM

What Advertisers and Their Counsel Need to Know About Privacy Laws: Understanding How New Privacy Legislation in the USA and Canada are Impacting Canadian Advertising

microphone-alt Jill Briggs, Head of Policy and Regulatory Affairs, Interactive Advertising Bureau of Canada

Joanna Fine, Partner, Privacy and Data Management, Osler Hoskin & Harcourt LLP

5:30

Co-Chair Closing Remarks, End of Conference

EARN CPD CREDITS

Legal Accreditation

This conference program can be applied towards substantive hours of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario

Members will also receive an additional 3 substantive hours for workshop A and B.

The same number of hours may be applied to your continuing legal educational requirements in British Columbia

The Barreau du Québec recognizes this training activity, the latter having been accredited by another Law Society subject to the MCLE.

For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta

The Law Society of Saskatchewan recognizes another province’s CPD credits so long as the hours are submitted to the Director of Admissions & Education for approval.

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Candice Kloes

Hortons,

Austin Wong Head of Legal and Business Affairs

Wattpad WEBTOON Studios