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  • Performance claims not based on an adequate and proper test
    Under paragraph 74 01 (1) (b) of the Competition Act, you cannot make a claim about a product’s performance, its effectiveness, or its length of life, unless you can prove that the claim is based on an adequate and proper test
  • Canadian Advertising Marketing Lawyer
    The federal Competition Tribunal in the Imperial Brush case set out a non-exhaustive list of factors relevant to determining whether testing is “adequate and proper”
  • Bill C-59 Enacted: New Laws Targeting Greenwashing - BD P Law
    There is fairly clear case law on what is required to qualify as an "adequate and proper test" The test must be fit and suitable having regard for the risk or harm the product in question intends to prevent and be conducted in controlled conditions that exclude external variables
  • False advertising and greenwashing: Bill C-59 changes to . . . - BLG
    Significantly, the amendments place the burden of proving that environmental benefit claims are based on adequate and proper testing or substantiation on the party making them, a significant reversal from previous law
  • Series – The Evolving Competition Law Landscape in Canada . . . - Fasken
    (a) Adequate and Proper Tests Environmental claims relating to a product must be supported by adequate and proper tests In the context of the Act’s long standing performance claim provision, each of the Bureau, the Competition Tribunal and the courts have discussed what could satisfy such testing in the circumstances of the matters before them
  • Bill C-59’s Expansion of the Competition Act’s Deceptive Marketing . . .
    The first new provision simply duplicates the language of the current paragraph 74 01 (1) (b) that requires a business to be able to demonstrate that a representation regarding the performance, efficacy or length of life of a product is based on an “adequate and proper test ”
  • The Competition Bureau’s anti-greenwashing guidance - KPMG Canada
    Adequate and proper testing substantiation is required by small and large businesses: Any environmental representation that is subject to the new anti-greenwashing provisions must be adequately and properly tested or substantiated, regardless of the size of the business making the representation
  • New greenwashing laws under the Competition Act | Gowling WLG
    While under the Act prior to Bill C-59, an "adequate and proper" test was required for claims as to the "performance, efficacy or length of life of a product," the amendments under Bill C-59 apply this standard to environmental claims as well
  • Competition Bureau Releases Long-Awaited - if Provisional . . .
    The recent amendments expanded the Act’s civil deceptive marketing regime, codifying two additional prohibitions for representations made to the public in relation to the environment: (i) claims concerning a product or service’s environmental benefits must be based on an “adequate and proper test”; and (ii) claims with respect to the
  • Canada’s New Greenwashing Laws Enacted | Blakes
    Until guidance on the Product Benefit provision is released, it would be prudent to follow the Competition Bureau’s (Bureau) recommendations for conducting “adequate and proper” testing to support performance claims based on existing jurisprudence





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