Retail: Selling Consumer Products Online To Canadians

Even as the pandemic wanes in many areas, consumers continue to shop online more than ever, and companies have responded with a heightened focus on and investment in their online offerings to consumers. In this article, we outline some considerations for companies looking to make direct sales to Canadians through online means, whether or not they have a physical presence in Canada.

Advertising

There are several pieces of legislation in Canada that regulate advertising to the public. A key statue is the Competition Act which prohibits false or misleading representations and deceptive marketing practices. When assessing whether a representation about a product is false or misleading, the general impression conveyed by the representation, as well as its literal meaning must be taken into account. While the term "puffery" is not defined in Canadian legislation, the standard in Canada is stricter as compared to other jurisdictions; a claim must be so exaggerated that