marketing and advertising  


With a myriad of potential ways to promote products and services, the complex web of laws, regulations and codes that govern marketing can be a minefield. Governments and regulators are keen to protect consumers from perceived misleading marketing messages—whether purposeful or not—and non-compliance or adverse judgements can result in significant fines and reputational damage. Laws related to privacy protection, telemarketing and spam e-mail communication are also increasingly prescriptive.

McMillan's Competition and Antitrust Group is a leader in advertising and marketing law. It helps clients navigate the complex world of regulations that govern today's marketing environment. It is a leader in dispute advertising. We help clients balance their desire to grow their businesses with their need to comply with the law.

Our lawyers work with clients in a wide range of business sectors including agriculture, automotive, consumer products, education, financial services, gaming, media and entertainment, medical devices, retail, technology, and telecommunications.

McMillan professionals also deal with all trademark, copyright, and intellectual property matters connected to advertising.

McMillan professionals help clients lead by:

  • Structuring print, broadcast, internet and social network marketing and promotional strategies
  • Defending against criminal proceedings and/or class action lawsuits
  • Advising on the lawful use of pricing and distribution practices as a competitive tool
  • Advising on the maintenance, use and protection of intellectual property
  • Providing advice regarding privacy law issues including compliance, setting up privacy policies and programs, and conducting privacy audits
  • Assisting with telemarketing and email communication compliance
  • Advising on the production, distribution and retail sale of consumer products
  • Assisting with specialized standards governing the compliance, labelling and advertising of food, drugs, medical devices, and cosmetics
  • Helping meet disclosure and multi-lingual requirements that govern how products are packaged and labelled
  • Developing in-house compliance programs to ensure advertisements and promotions meet relevant laws and industry codes
  • Defending against challenges by government authorities or competitors
  • Advising as counsel before Advertising Standards Canada - defending or challenging competitive claims
November 2017

Intellectual Property Bulletin

November 2017

Cybersecurity Bulletin

June 2017

Litigation, Business Law and Technology Bulletin

February 2017

Capital Markets

January 2017

Privacy and Class Action Bulletin

December 2016

Advertising and Marketing Bulletin

December 2016

Advertising & Marketing Law Bulletin

December 2016

Food and Beverage Bulletin

December 2016

Marketing and Advertising Bulletin

December 2016

Advertising & Marketing Law Bulletin

October 2015
Competition and Marketing & Advertising Bulletin
January 2015
Marketing and Advertising Bulletin
March 2014
Competition Bulletin
February 2014
Litigation Bulletin
September 2013
Competition Bulletin
July 2013
Competition Bulletin
June 2013
Competition Bulletin
May 2013
Competition Bulletin
May 2, 2013
The Shifting General Impression of Disclaimers
CBA, 2012 Competition Law Spring Forum: Best Practices in a Time of Active Enforcement
February 2013

Aviation Bulletin

Chapter 2: Advertising and Promotion
O'Brien's Encyclopedia of Forms, Eleventh Edition, 2013
March 2012
McMillan Competition and Antitrust Bulletin/Lexology
January 25, 2012
The Complete Canadian Law of Disclaimers
Presented at, The Canadian Institute's 18th Annual Advertising and Marketing Law Conference
October 2011
Global Competition Review
October 2011
Misleading Advertising: Recent Highlights and Implications
CBA Annual Fall Competition Law Conference
September 2011
Misleading Advertising, Contests and Claim Substantiation chapters
Ultimate Corporate Counsel Guide, Canada Law Book
July 2011
Competition and Advertising Bulletin
Also published in Lexology
January 21, 2011
Canadian Institute's 17th Annual Advertising and Marketing Law Conference
January 2011
Presentation, and Canada's Environmental Marketing Rules Paper, 17th Annual Advertising & Marketing Law Conference, Canadian Institute, January 20-21, 2011
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2011, (published in October 2010; contributing editor Samantha Mobley). For further information please visit
InBrief Fall 2010
January 2010
Is Your Business Ready for the Latest Changes to Canada's Competition Act?
Association of Corporate Counsel (ACC) Seminar, Montreal
An extract from the 2010 Antitrust Review of the Americas - a special report.
November 2009
Canada's Competition Law
Carrier's Competitive Edge, Canadian Insurance Business Magazine
June 2009
Canadian Corporate Counsel , Volume 18, Number 7 and  Lang Michener LLP InBrief Fall 2009
May 2009
Clampdown on Misleading Advertising
The Windsor Star
April 2009
CCH's Ultimate Corporate Counsel Guide
February 2006
Marketing Payment Cards in Canada
Co-authored: Martine Masse, James Musgrove, Janine MacNeil
Canadian Institute Payment Card Compliance in Canada Conference
November 2005
Developing an Effective Compliance Program Under the Competition Act: Making the Business Case for Due Diligence
Insight Information Annual Advertising and Marketing Law Conference
Lang Michener Advertising & Marketing Brief
April 2005
Due Diligence: Making the Business Case
Co-author J. MacNeil, Law Society of Upper Canada, Entertainment, Advertising & Media Law Symposium
What's in Store for Sears? A Look at the Competition Tribunal's Decision
Co-authored: James Musgrove and Janine MacNeil
Lang Michener Advertising & Marketing Brief
November 2004
Competition Act Amendments Tabled: What's in Bill C-19
Co-authored: James Musgrove and Janine MacNeil
Lang Michener Competition & Antitrust Brief
August 2004
Advertising & Marketing Bulletin
May 2002
Telemarketing: The Latest Word on the Rules and Their Enforcement
The Canadian Institute, Advertising and Marketing Law Conference, May 30 and 31, 2002
February 2002
The Deceptive Marketing Practices Reviewable Matters Provisions of The Competition Act
4th Annual Advertising and Marketing Law Conference, Insight Information
May 2001
You may already be a Loser: Contests, Promotions and other Fun and Games
Seventh Annual Conference on Advertising & Marketing Law, May 24 & 25, 2001