What is a representation?
The first element of misleading advertising is that a “representation” (i.e., advertising claim) must be made. This element is typically easily met and is broader than mere advertising. A representation may encompass printed, oral, broadcast and visual representations or claims. The Bureau’s position is also that all representations, regardless of form, are subject to the Act. It is also worth noting that online representations fall well within the scope of “representation” and the Bureau has issued enforcement guidelines addressing misleading advertising in the online environment (Application of the Competition Act to Representations on the Internet). As a practical matter, the Bureau also periodically conducts online “sweeps” of Internet advertising as part of its misleading advertising and deceptive marketing enforcement efforts.
