What has to be proven for misleading advertising?
For a representation to be false or misleading under subparagraph 74.01(1)(a) (the civil misleading advertising section), it must be established on the civil burden of proof (i.e., balance of probabilities) that: (i) a representation has been made, (ii) to the public, (iii) to promote a product or business interest, (iv) the representation is false or misleading and (v) the representation is false or misleading in a “material” respect. The criminal misleading advertising provision of the Act (subsection 52(1)) is substantially the same, except that in order to establish criminal misleading advertising, it must also be proven that a representation was made “knowingly or recklessly” (i.e., subjective intent) and the burden of proof is the criminal standard (i.e., beyond a reasonable doubt).
Related Questions
- Where can I find information on complaints about a certain company, misleading advertising/deceptive marketing practices, and language labelling requirements?
- Would self-regulation in the food industry not be sufficient to prevent misleading advertising and labelling?
- What has been done to combat misleading advertising?
