30th Annual Conference on Advertising & Marketing Law - DS by C5Group

Legal perspectives on marketing strategies across borders and digital platforms

EARN CPD CREDITS

ANNUAL

CONFERENCE CO-CHAIRS:

ADVERTISING & MARKETING LAW

Gillian Depew

Legal Director, Marketing & Sales Molson Coors Beverage Company

January 17–18, 2024 | One King West Hotel, Toronto, ON

Kelly Harris

Your Guide to The Latest Legal and Regulatory Developments Impacting the Canadian Advertising and Marketing Landscape

Partner Harris + Co

INSIGHTS FROM LEADING INDUSTRY STAKEHOLDERS: Government Regulators and Self-Regulatory Bodies: Josephine Palumbo Deputy Commissioner of Competition Competition Bureau Canada Catherine Bate President & Chief Legal Officer Ad Standards Sonia Carreno President Interactive Advertising Bureau of Canada

In-House Counsel: Candice Kloes Counsel, Marketing & IP, Canada & International Tim Hortons, Popeyes, and Burger King Brands Nicole Kutlesa Senior Legal Counsel Scotiabank

Associate Sponsors

CanadianInstitute.com/AdLaw • 888 224 2480

Elizabeth Manley Director, Trademarks and Marketing Law Cineplex Marisa Muchnik General Counsel, Canada Ferrero Canada Ltd Adam Nickerson Sr Legal Counsel Labatt Breweries of Canada

Teodora Niculae Senior Legal Counsel Mastercard Canada Stephanie Provato Counsel Toronto International Film Festival

Austin Wong Head of Legal and Business Affairs Wattpad WEBTOON Studios

and many more!

Geneviève P. Richard Sr. Legal Counsel Rogers Communications

Networking Break Sponsor

a C5 Group Company Business Information in a Global Context

The Canadian Institute’s 30th Annual Conference on Advertising & Marketing Law returns in-person to Toronto this January! Over the last three decades, the legal and regulatory landscape for Canadian advertising and marketing has undergone significant changes due to new consumer protection and privacy initiatives as well as evolving media channels including: print, radio, television, streaming, and now to the Metaverse and AI. The 30th iteration of this program will cover the most recent changes to advertising law, regulation, and policy; as well as lessons learned over the last 30 years. This program will furnish you with the essential tools needed to navigate Canada's advertising and marketing landscape, from the challenges posed by new technologies to the implications of Quebec's new privacy bill, to the execution of contests and sweepstakes, and recent developments in advertising food to children, sponsorships, and partnerships.

Our stellar faculty will help you:

APPRECIATE the growing impact of artificial intelligence in advertising, including virtual influencers, AI tools, and targeted advertising

UNDERSTAND the advertising framework for green claims in Canada

ASSESS new considerations for compliantly executing promotional contests and sweepstakes under the Competition Act

EXPLORE new developments in advertising and marketing laws for the Canadian gambling and gaming industry

COMPREHEND the role of advertising in sponsorships and partnerships

IDENTIFY the implications for advertising stemming from the recent changes to Bill-96

CURB fake reviews and understand the significance of the FTC’s updated endorsement and testimonial guides to Canadian advertising

Do not miss the opportunity to meet with industry leaders and engage in thought-provoking discussions which will help shape the law, policy and proceedings of Canadian advertising and marketing.

2 | #CIConferences LINKEDIN Advertising Law for Legal Professionals in North America

Media Partners

DISTINGUISHED FACULTY CONFERENCE CO-CHAIRS Gillian Depew Legal Director, Marketing & Sales Molson Coors Beverage Company Kelly Harris Partner Harris + Co DISTINGUISHED FACULTY Katherine Armstrong Deputy Director, National Advertising Division BBB National Programs Jill Briggs Head of Policy and Regulatory Affairs Interactive Advertising Bureau of Canada Catherine Bate President and CEO Ad Standards René Bissonnette Partner Gowling WLG Evie Bouras Counsel McCarthy Tétrault LLP Paul Burns President Canadian Gaming Association

Sonia Carreno President Interactive Advertising Bureau of Canada Christopher A. Cole Partner Katten Muchin Rosenman LLP Dan Edmondstone Partner McMillian Brian Fraser Managing Partner Brian Fraser Law Burtley G. Francis Partner Stewart McKelvey Jason W. Gordon Partner Reed Smith LLP Chris Hersh Partner, Canadian Head of Antitrust and Competition Norton Rose Fulbright Canada LLP Glenford Jameson Lawyer and Principle G. S. Jameson & Company Nita Khare Corporate Counsel Walmart Canada Candice Kloes Counsel, Marketing & IP, Canada & International Tim Hortons, Popeyes, and Burger King Brands

CanadianInstitute.com/AdLaw • 888 224 2480

Nicole Kutlesa Senior Legal Counsel Scotiabank

Shelley Samel Chief Legal Officer Ad Standards

Pei Li Partner Blake, Cassels & Graydon LLP

Marina Seidl Senior Legal Counsel, Advertising, Marketing, Sponsorship, and IP Lead Interac Corp.

Kyle Livingston Founder The Passive Income Investor Elizabeth Manley Director, Trademarks and Marketing Law Cineplex Cynthia Mason Founder Mason PC Jennifer McKenzie Partner Cassels Jason Moscovici Partner ROBIC Marisa Muchnik General Counsel, Canada Ferrero Canada Ltd Amy Ralph Mudge Partner Baker Hostetler Teodora Niculae Senior Legal Counsel Mastercard Canada Adam Nickerson Sr Legal Counsel Labatt Breweries of Canada

Josephine Palumbo Deputy Commissioner of Competition Competition Bureau Canada Stephanie Provato Counsel TIFF Geneviève P. Richard Sr. Legal Counsel Rogers Communications Alice Tseng Principal Smart & Biggar LLP Paul-Erik Veel Partner Lenczner Slaght LLP Megha Wadhwani Senior Legal Counsel Sharethrough Laura Weinrib Partner Blake, Cassels & Graydon LLP Austin Wong Head of Legal and Business Affairs Wattpad WEBTOON Studios a C5 Group Company Business Information in a Global Context

DAY ONE Wednesday, January 17th

REGULATORY DEVELOPMENTS 9:15

7:00

Registration and Continental Breakfast 8:00

The New Age of Marketing: Perspectives from Canada’s Leading Advertising Regulators (Competition Bureau and Ad Standards) microphone-alt Catherine Bate, President and CEO, Ad Standards

Opening Remarks from Conference Co-Chairs

Josephine Palumbo, Deputy Commissioner of Competition, Competition Bureau Canada

microphone-alt Gillian Depew, Legal Director, Marketing & Sales at Molson Coors Beverage Company, Molson Coors Beverage Company

Moderator: Laura Weinrib, Partner, Blake, Cassels & Graydon LLP

Kelly Harris, Partner, Harris + Co 8:15

30th Anniversary Conference Retrospective: Lessons Learned and Future Forecasts for Canadian Advertising and Marketing Law

Join representatives from the Competition Bureau and Ad Standards for an in-depth discussion on Regulatory and Enforcement Priorities for 2024. Topics to be addressed will include greenwashing, new developments in digital advertising, concerns with dark patterns, and new educational initiatives. 10:00

Morning Networking and Refreshment Break Sponsored by:

microphone-alt Gillian Depew, Legal Director, Marketing & Sales at Molson Coors Beverage Company, Molson Coors Beverage Company Kelly Harris, Partner, Harris + Co From print, to radio, to television, to streaming, to the Metaverse and now AI, advertising and marketing in Canada has evolved tremendously, becoming more dynamic and data-driven. However, the law in governing this space is not always so quick to follow and adapt. Join advertising counsel from a variety of industries for an open floor discussion on how Canadian advertising and marketing law has evolved over the last 30 years. Our panelists will also examine the jurisprudential challenges posed by new media and technologies in this space.

SESSION SPOTLIGHT: AI IN ADVERTISING AND MARKETING 10:15

Grappling with the Growing Impact of Artificial Intelligence in Canadian Advertising and Marketing: Virtual Influencers, AI Tools, and Targeted Advertising microphone-alt Alice Tseng, Principal, Smart & Biggar LLP

Themes to be explored, include:

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

• The historical evolution of advertising and marketing law

Moderator: Sonia Carreno, President, Interactive Advertising Bureau of Canada (Toronto, ON)

• The digital revolution • The increasing use of online targeted advertising • The use of influencers • The forecasted tips, traps and trends in advertising and marketing

• Examining the latest developments surrounding the use of AI in advertising • Assessing the legal risks of using of AI created content • Developing best practices to build explainability and transparency for the use of AI tools in advertising and marketing • Understanding the ethical and legal implications of virtual influencer marketing with AI • Analyzing how data obtained using AI tools is being collected, used, and monitored in advertising • Enhancing AI algorithms to mitigate the risk of biases in advertising and marketing • Determining whether you need to disclose the use of AI in advertising • Ensuring AI usage in advertising which is compliant with advertising regulations and consumer privacy and protection laws

4 | #CIConferences LINKEDIN Advertising Law for Legal Professionals in North America

11:15

Case Study on Comparative Advertising: An Examination of Energizer Brands, LLC, and Energizer Canada Inc. v. The Gillette Company microphone-alt Cynthia Mason, Founder, Mason PC

• Identifying the exceptions in the government’s proposal to prohibit “unhealthy foods” for children that are high in fat, sugar, and sodium in kids and why it matters to Canadian advertisers • Understanding 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

Afternoon Networking Break

Join us for a case study on the utilization of trademarks in comparative advertising, specifically focusing on the Canada-wide lawsuit involving Energizer Brands, LLC, and Energizer Canada Inc. versus The Gillette Company. Our speakers will offer valuable insights into:

3:00

• Whether there were deceptive, false, and or misleading claims under the Competition Act

3:15

• The potential impact on the enforcement of comparative advertising regulations in Canada

Analyzing How the Recent Mandatory Changes to Front of Package Labelling is Impacting Advertising and Marketing in Canada

• How the Energizer Brands, LLC, and Energizer Canada Inc. v. The Gillette Company et al case violates section 22 of the Canadian Trademarks Act 12:00

Afternoon Networking Luncheon

Sponsored by:

microphone-alt Pei Li, Partner, Blake, Cassels & Graydon LLP Candice Kloes, Counsel, Marketing & IP, Canada & International, Tim Hortons, Popeyes, and Burger King Brands

1:15

Exploring Recent Developments in “Drip Pricing”: A Deep Dive into the Competition Bureau’s Case Against Cineplex Inc. microphone-alt Dan Edmondstone, Partner, McMillian Geneviève P. Richard, Sr. Legal Counsel, Rogers Communications During this session, we will examine the Competition Bureau’s most recent lawsuit against Cineplex Inc., which alleges Cineplex engaged in misleading advertising claims in the form of drip pricing. More specifically, the Bureau claims that Cineplex advertised a lower ticket price than the amount customers were required to pay, by adding a mandatory booking fee. Points of discussion will include: • Defining drip pricing and understanding the amendments to the Competition Act • Understanding how the form of drip pricing in the Cineplex Inc. case is misleading advertising and the impact it has on consumer behaviour • Identifying the enforcement actions and penalties issued by the Competition Act as a result of drip pricing

• Understanding the new front-of-pack (FOP) labelling regulations in Canada and its effect on marketing and advertising • Reviewing how FOP requirements impact advertising and marketing claims • Identifying the rules of label application in advertising and marketing 4:00

Reviewing the Classification of Health Claims in Canadian Advertising and Marketing microphone-alt Glenford Jameson, Lawyer and Principle, G. S. Jameson & Company • Understanding health claim substantiation requirements • Differentiating between different types of health claims • Identifying which evidence is necessary to substantiate a health claim • Exploring the role of statistics and scientific evidence in the claim substantiation process • Understanding how to appropriately use qualifications or disclosures in advertising

RECENT DEVELOPMENTS AFFECTING FOOD ADVERTISING IN CANADA

4:45

Analyzing Canada’s Recent Changes for Advertising Food to Children

Managing Class Actions Affecting Canadian Advertising and Marketing

microphone-alt Marisa Muchnik, General Counsel, Canada, Ferrero Canada Ltd

microphone-alt Paul-Erik Veel, Partner, Lenczner Slaght LLP

2:00

Shelly Samel, Chief Legal Officer, Ad Standards Moderator: Chris Hersh, Partner, Canadian Head of Antitrust and Competition, Norton Rose Fulbright Canada LLP

• Examining the latest bench-mark cases impacting the Canadian advertising and marketing law class action landscape » Rebuck v Ford » Drynan v. Bausch Health Companies Inc. et al

• Exploring the new Health Canada guidelines for advertising food to children

• Defining deceptive advertising and how it can develop into a class-action lawsuit

• Examining Ad Standards Code for the Responsible Advertising of Food and Beverage Products to Children

• Understanding the requirements for certification of an advertising and marketing class-action lawsuit

CanadianInstitute.com/AdLaw • 888 224 2480

5:15

Closing Remarks from the Conference Chairs Conference Adjourns to Day Two

DAY TWO Thursday, January 18th 10:45 8:00

Registration and Continental Breakfast

Understanding the Legal Risks Associated with Environmental Marketing: Greenwashing and ESG Claims microphone-alt René Bissonnette, Partner, Gowling WLG

9:00

Katherine Armstrong, Deputy Director, National Advertising Division, BBB National Programs

Opening Remarks from Conference Co-Chairs microphone-alt Gillian Depew, Legal Director, Marketing & Sales at Molson Coors Beverage Company, Molson Coors Beverage Company

Nita Khare, Corporate Counsel, Walmart Canada Moderator: Christopher A. Cole, Partner, Katten Muchin Rosenman LLP

Kelly Harris, Partner, Harris + Co

• Understanding the advertising framework for green claims in Canada

9:05

Cross-Border Comparative on Curbing Fake Reviews: Understanding the Impact of the FTC’s Updated Endorsement and Testimonial Guidelines in the U.S. on Canadian Advertisers microphone-alt Burtley G. Francis, Partner, Stewart McKelvey Marina Seidl, Senior Legal Counsel, Advertising, Marketing, Sponsorship, and IP Lead, Interac Corp. Jason W. Gordon, Partner, Reed Smith LLP • Analyzing the FTC’s Updated Endorsement and Testimonial Guidelines • Examining how the FTC’s endorsement guidelines will affect Canadian advertising and marketing • Identifying how Canadian advertisers adapt these recommendations to their own practices regarding influencers

» Establishing best practices for making green claims » Developing safeguards for avoiding misleading green claims • Appreciating the impact of Keurig Canada vs Competition Bureau on environmental claims • Developing best practices towards strengthening transparency for aspirational claims • Examining the U.S. approach to green claims per the FTC Green Guides and BBB National Programs guidelines • Comparing the U.S. and Canadian approaches • Examining recent green-washing claims that have led to litigation in Canada 11:45

“Dark Patterns” in Advertising and Marketing: What Companies Should Know About Preventing this Deceptive Marketing Practice microphone-alt Jennifer McKenzie, Partner, Cassels

• Understanding the benefit for Canadian advertisers in adopting these guidelines 10:00

Interview with The Passive Income Investor microphone-alt Kyle Livingston , Founder, The Passive Income Investor Moderator: Kelly Harris, Partner, Harris + Co (Toronto, ON) 10:30

Morning Networking and Refreshment Break

Global Sponsorship Opportunities

Amy Ralph Mudge, Partner, Baker Hostetler • Defining dark patterns, what they entail, and how they impact claims substantiation in Canadian advertising and marketing • Exploring the Competition Bureau’s stance on dark patterns and the prohibitions for dark patterns • Analyzing regulatory trends concerning dark patterns in Canadian advertising and marketing • Identifying the consequences of engaging in dark patterns in advertising and marketing 12:30

Networking Luncheon

With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world. Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: The Canadian Institute. SponsorInfo@CanadianInstitute.com

6 | #CIConferences LINKEDIN Advertising Law for Legal Professionals in North America

ONLINE GAMBLING GAMING AND SPORTS BETTING

3:00

Afternoon Networking Break

3:15

1:30

New Developments in Advertising and Marketing Laws for Canadian Gambling and Gaming Industry microphone-alt Evie Bouras, Counsel, McCarthy Tétrault LLP Paul Burns, President, Canadian Gaming Association

The Global Implications of Local Legislation and Its Impact on Canadian Advertising and Marketing Law – A Case Study on Quebec’s Bill 96 and Law 25 and the Cost of Compliance microphone-alt Jill Briggs, Head of Policy and Regulatory Affairs, Interactive Advertising Bureau of Canada Megha Wadhwani, Senior Legal Counsel, Sharethrough

The AGCO recently updated its standards for advertising in gaming, gambling, and sports with the province’s intention keep athletes out of gambling ads. During this session, our panelists will examine these standards and provide insights on: • The legal framework governing gambling in Ontario and the rest of Canada • How Ontario regulates gambling advertising and what channels gaming operators use to advertise gambling ads in Ontario • How the new standards will impact athlete and celebrity endorsements • Analyzing recent cases for advertising infractions of the AGCO standards

Jason Moscovici, Partner, ROBIC New legislation such as Bill 96 the Charter of the French Language and Law 25 the provincial privacy legislation – have broad sweeping consequences for those wanting to do business in Quebec. This session will focus on the national and global implications of local legislation on marketing and advertising and will focus on how provincial laws can make compliance and working in the Quebec and Canadian market extremely difficult. Our esteemed speakers will focus on: • Ramifications of the bill on marketing, trademarks, labeling, and privacy • Complying with signage and commercial advertising amendments

2:15

Practical Drill Down: Sponsorship and Partnership in Canadian Advertising and Marketing

• Reassessing the use of non-French trademarks on product packaging and labelling 4:00

Elizabeth Manley, Director, Trademarks and Marketing Law, Cineplex

Understanding the Rules and Regulations for Advertising Contests and Sweepstakes in Canada

Stephanie Provato, Counsel, Toronto International Film Festival

microphone-alt Brian Fraser, Managing Partner, Brian Fraser Law

microphone-alt Nicole Kutlesa, Senior Legal Counsel, Scotiabank

Teodora Niculae, Senior Legal Counsel, Mastercard Canada

Moderator: Gillian Depew, Legal Director, Marketing & Sales, Molson Coors Beverage Company This session will focus on navigating sponsorships and partnerships as they relate to advertising and marketing. With growing anticipation surrounding FIFA 2026, comprehending this concept is more important than ever before. Points of discussion will focus on: • Developing best practices to ensure companies adhere to recently implemented advertising regulations when executing advertising partnerships and sponsorships • Examining the use of celebrities, influencers, and athletes in sponsorship and partnerships • Customizing your sponsorship agreement in accordance with your brand’s marketing and advertising vision • Understanding the use of slogans, distinctive packaging, official marks, logos and composite logos in sponsorship and partnerships • Identifying and preventing potential liabilities in sponsorship and partnership agreements

CanadianInstitute.com/AdLaw • 888 224 2480

Adam Nickerson, Sr Legal Counsel, Labatt Breweries of Canada • Understanding the legal rules that apply to promotional contests under the Criminal Code, the Federal Competition Act, and the Quebec lotteries legislation • Identifying the keys to formulating a successful contest within the context of an advertising and marketing campaign • Ensuring adequate and fair disclosures, including monetary value, regional allocation, and odds of winning • Structuring your contest with a view to minimizing problems, and what to do when things go wrong 5:00

Closing Remarks End of Conference a C5 Group Company Business Information in a Global Context

Related Events:

ACI’s 7th Annual

Legal, Regulatory and Compliance Forum on

Advertising Claims Substantiation February 8 – 9, 2024

New York Bar Association New York, NY

hands-helping BECOME A SPONSOR With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world. Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: SponsorInfo@CanadianInstitute.com

Advanced Summit on

11TH ANNUAL LEGAL, REGULATORY, AND COMPLIANCE FORUM ON

COSMETICS & Personal Care Products March 19 – 20, 2024 New York, NY

EARN CPD CREDITS

Food Law & Regulation

Canada October 2024

Mississauga, ON

This program can be applied towards 8.5 hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada.

Members of the Law Society of Saskatchewan seeking accreditation for an out of province activity are requested to submit the CPD Activity Application Form and agenda directly to the LSS for approval. The form is available on the LSS Website. The same number of hours may be applied toward your continuing legal education requirements in British Columbia. The Barreau du Quebec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE. Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits.

 C5 celebrates 40 years of excellence! We are thrilled to have provided exceptional conference experiences globally with our outstanding team, speakers, sponsors, partners, and attendees. To mark this milestone, we're launching a new logo which represents our commitment to innovation, growth, and excellence, represented by the five Cs of C5: Current, Connected, Customer-Centric, Conscientious, and Committed. Looking back on 40 years, we are grateful for our achievements—hosting global conferences, uniting industry leaders, and supporting business growth. However, we are not done yet! We are committed to pushing boundaries and creating impactful experiences and we're excited for the next 40 years of success.

8 | #CIConferences LINKEDIN Advertising Law for Legal Professionals in North America

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building VENUE INFORMATION One King West Hotel

The Canadian Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “CI’s Advertising & Marketing Law”.

1 King Street West, Toronto, ON M5H 1A1 Reservations: 1-866-470 KING (5464) or reservations@onekingwest.com

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Please note that the guest room block cut-off date is January 2, 2024. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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Interested in attending virtually?

Emma McAdam VP, Government Affairs

Janet Smith VP, General Counsel

Olivia Thomson Chief Compliance Officer

If you are unable to attend for any reason, you will have the following options: y A full credit note for you, or a colleague to attend another event. y A full refund.

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Ramesh Kumar Partner

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CONFERENCE CO-CHAIRS:

Miyuki Johnson VP, Manufacturing

All cancellations and changes must be submitted to CustomerService@CanadianInstitute.com by January 5, 2024.

Looking to Register?

Gillian Depew

Legal Director, Marketing & Sales Molson Coors Beverage Company

Mark Parrish, The Canadian Institute

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Partner Harris + Co

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