Consumers and investors alike are increasingly shifting their focus towards both “green” products and investments in sustainable businesses and those with aspirational environmental and climate goals. Since environmental and sustainability claims have become ever more powerful marketing tools, they are also increasingly vulnerable to complaints of “greenwashing” — the practice of overstating the environmental characteristics or benefits of a company or a product.
Recently, through its investigation into the retail pricing practices of a regional Canadian furniture retailer, the Competition Bureau of Canada has expanded the list of potentially problematic pricing claims to now include “urgency cues”, i.e., the use of marketing tactics to increase a consumer’s perception of having to act immediately and/or to elicit a “fear of missing out.”
On 7 December 2022, Minister François-Philippe Champagne, Minister of Innovation, Science and Industry, announced the Canadian government introduced legislation to amend the Investment Canada Act, known as the National Security Review of Investments Modernization Act. While the proposed amendments at first appear to be a dramatic overhaul of the existing national security review framework for foreign investment in Canada, they are generally consistent with other recent legislative amendments and policy developments related to Canada’s national security, and with trends in other jurisdictions. The proposed changes heighten the importance of proactive planning to address national security risks arising in commercial transactions and other forms of foreign investment.
Baker McKenzie was invited to serve as the global editor of the Chambers Advertising & Marketing 2022 Practice Guide which features 8 high-profile jurisdictions and provides the latest legal information on the impact of the COVID-19 pandemic, advertising claims and clinical studies, comparative advertising, social/digital media, influencer campaigns, consumer promotions, sports betting/gambling, and cryptocurrency and non-fungible tokens.
On 24 March 2021, the Minister of Innovation, Science and Industry (“Minister”) issued updated Guidelines on the National Security Review of Investments (“Updated Guidelines”). The Updated Guidelines outline additional factors and clarify existing factors the Canadian government will consider in assessing investments for potential national security concerns under the Investment Canada Act (ICA). These…