Marketing regulations and standards

Attracting new customers to your business is essential. But you need to follow a few rules along the way. This document provides an overview of the key regulations, permits and licences related to marketing, advertising and sales.

Advertising and Promotion

When advertising the benefits of your product, you must be truthful. You may not make claims or use promotional techniques that are false or misleading.

• Misleading Advertising and Labelling
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/02776.html
  Learn more about the advertising and labelling practices that are considered to be misleading, so that you can avoid using them.
• Advertising Requirements - Guide to Food Labelling and Advertising
  
  http://www.inspection.gc.ca/english/fssa/labeti/guide/tab3e.shtml
  If you advertise food products, you need to be aware of requirements relating to misleading advertising, using comparisons, supporting references, language requirements and other issues.
• Restaurant Menus and Other Promotional Claims
  
  http://www.inspection.gc.ca/english/fssa/labeti/retdet/rest1e.shtml
  If you own or operate a restaurant, you need to ensure that any claim you make about the food you are selling is accurate, including information on the menu, on signs, in advertising and in statements made by employees.
• Overview of Health Product Advertising
  
  http://www.hc-sc.gc.ca/dhp-mps/advert-publicit/fs-fi/advert-publi_fs-fi-eng.php
  You may only advertise drug and health products that have been approved for sale in Canada and your advertisement must be approved before it is made public.
• Promotional Contests
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/01279.html
  Find out what information you must provide to potential participants, if you are running a contest for promotional purposes.
• Mass Marketing Fraud
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/02775.html
  When marketing your products by phone, mail and the Internet, you need to ensure that your message is not misleading, deceptive or untruthful.

Banned and Restricted Products

There are some products that you cannot sell in Canada. In addition, there are other products that have specific:

• restrictions with regards to banned or dangerous ingredients
• mandatory safety requirements
• voluntary standards
• required licences or product approvals

If you are manufacturing, importing or selling these products, you must be aware of the related regulations, standards and guidelines.

• Consumer Products and the Hazardous Products Act
  
  http://www.hc-sc.gc.ca/cps-spc/pubs/indust/reference_guide-consultation_rapid/index-eng.php
  Read this document to learn about bans and restrictions to consumer products, such as personal use products, household products, toys, lifesaving equipment and recreational products.
• Selling Tobacco – Tobacco (Access) Regulation
  
  http://www.hc-sc.gc.ca/hc-ps/tobac-tabac/legislation/reg/acces/index-eng.php
  If you sell tobacco, you must follow regulations about who you can sell tobacco to and where signs can be posted. Additional provincial/territorial requirements may apply too.
• Safety Criteria and Good Manufacturing Practices for Cosmetics
  
  http://www.hc-sc.gc.ca/cps-spc/person/cosmet/faq-eng.php#what
  If you are manufacturing or importing cosmetics products, you must inform the government of the ingredients used and ensure they meet certain safety standards.
• Natural Health Products - Product Licensing
  
  http://www.hc-sc.gc.ca/dhp-mps/prodnatur/applications/licen-prod/index-eng.php
  All natural health products sold in Canada need a product licence before you can market or sell them.
• Drug Products - Compliance and Enforcement
  
  http://www.hc-sc.gc.ca/dhp-mps/compli-conform/info-prod/drugs-drogues/index-eng.php
  If you are manufacturing, importing or selling drug products, you must comply with a variety of regulatory requirements and must obtain licences.
• Medical Devices - Compliance and Enforcement
  
  http://www.hc-sc.gc.ca/dhp-mps/compli-conform/info-prod/md-im/index-eng.php
  If you manufacture, import or sell medical devices, you must comply with a variety of regulatory requirements and must obtain licences.
• New Substances Notification
  
  http://www.ec.gc.ca/substances/nsb/eng/home_e.shtml
  Companies introducing new substances, such as chemicals, polymers, biochemicals, biopolymers and living organisms (biotechnology), into the Canadian market, must notify Environment Canada and may have to pay a fee.
• Radiation Emitting Devices
  
  http://www.hc-sc.gc.ca/ewh-semt/pubs/radiation/index-eng.php
  Devices used for X-rays, mammograms, ultrasounds and other radiation emitting devices need to comply with certain safety requirements.

Product Labelling

The label you put on your product is an important way of communicating the value of your product to potential customers. You can use the label to sell the benefits of your product to your clients, but you must follow a few rules about labelling when you do so. The rules are more restrictive for some types of products than others, and you should research the labelling requirements for your product carefully before finalizing your label.

• Consumer Product Packaging and Labelling Worksheet
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_02938.html
  This document describes the requirements that apply to the packaging and labelling of most consumer products in Canada. It also includes useful worksheets for different types of products to help you design your label.
• Guide to Food Labelling and Advertising
  
  http://www.inspection.gc.ca/english/fssa/labeti/guide/toce.shtml
  If you produce, manufacture, advertise or sell food products, you need to be aware of the specific rules for nutritional information, bilingual labels, dietary claims and more.
• Guide to Developing Accurate Nutrient Values
  
  http://www.hc-sc.gc.ca/fn-an/label-etiquet/nutrition/reg/guide-nutri_val_tc-tm-eng.php
  If you produce or manufacture food, this document will help you provide accurate information on the nutritional value of your product.
• Food Allergens
  
  http://www.inspection.gc.ca/english/fssa/labeti/allerg/allerge.shtml
  If you produce a food product that contains ingredients that people are often allergic to, you need to be aware of proposed labelling requirements for food allergens, gluten sources and added sulphites.
• Meat Cuts
  
  http://www.inspection.gc.ca/english/fssa/labeti/mcmancv/mcmancve.shtml
  If you are a producer or manufacturer of beef, lamb, pork, poultry and veal meat cuts, organs and carcass parts, you must follow specific labelling requirements.
• Labelling of Energy Efficient Products
  
  http://oee.nrcan.gc.ca/regulations/html/EERGuide_Part1.cfm?attr=4
  If you are a dealer of energy efficient products, you should be aware of the regulations for energy efficiency verification marks, EnerGuide labels and lighting product labels.
• Guide to the Textile Labelling and Advertising Regulations
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/01249.html
  Learn about the requirements for labels on textile products that are sold in Canada.
• CA Identification Number for Textiles
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_02575.html
  Canadian manufacturers, processors or finishers of textile fibre products can register for a CA Identification Number and use it in place of their name and address on textile articles for consumers.
• Mandatory Ingredient Labelling for Cosmetics
  
  http://www.hc-sc.gc.ca/cps-spc/person/cosmet/ingredient/index-eng.php
  Visit this website to access information on the labelling requirements for cosmetics, including the full regulations, a fact sheet for the cosmetics industry and detailed frequently asked questions.

Anti-Competitive and Fraudulent Practices

You must be careful not to engage in business practices that could unfairly reduce competition in your industry.

• Preventing Abuse of Market Power
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_02758.html
  This document outlines the types of business practices you should avoid, because they hurt competition and are not allowed under the Competition Act
• Pyramid Selling and Multi-Level Marketing Schemes
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/01230.html
  Multi-level marketing, where you earn money by supplying products to other participants in the same plan, is legal in some cases and illegal in others. Read this document carefully before agreeing to participate in such a scheme.

Weighing and Measuring Products

If you weigh or measure products that you sell, you need to ensure that you are using approved equipment and that your measuring devices are accurate.

• Accuracy: It’s your Responsibility
  
  http://www.ic.gc.ca/eic/site/mc-mc.nsf/eng/lm03959.html
  This document discusses your business’ responsibilities for ensuring the accuracy of any equipment you use to weigh or measure products.