Misleading or False Advertising
Many food, drug and cosmetic companies are now getting in trouble for misleading or false advertising practices regarding their product.
For example, I reported on the recent legal battles that Snapple was involved in here. It’s reported here that Kellogg has gotten into trouble in San Francisco for the claim that their cereal Cocoa Krispies, "now helps support your child's immunity." The yogurt company Dannon recently paid out $35 million for its misleading advertising claims about the health benefits of its yogurt.
In Canada, the Competition Bureau authorized by the Competition Act is responsible for ensuring companies are not misleading the public and is permitted to take criminal or civil action.
“Under the criminal regime, the general provision prohibits all materially false or misleading representations made knowingly or recklessly. Under the civil regime, the general provision prohibits all materially false or misleading representations.”
All the examples I have cited above are American. However, the products are also distributed in Canada. Why didn’t the Competition Bureau take any action against Dannon, Snapple or Kellogg as independent lawyers have in the United States?
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