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ARTICLE · 06 JANUARY 2004

Cashing-in with Money Ads

McMillan LLP
McMillan LLP
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McMillan LLP

McMillan LLP

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A report on recent development in advertising and marketing law.

CanadaMedia, Telecoms, IT, Entertainment

This article was co-authored by Bill Hearn

You are considering a major direct mail advertising campaign for a hospital lottery. You would like to use the picture of a woman surrounded by piles of $50 and $100 bills with a description of the hospital foundation and a list of the prizes available to be won. Did you know that your advertisement might be illegal? Unless prepared appropriately, the reproduction of Canadian (and possibly foreign) bank-notes in advertising is prohibited by the Criminal Code of Canada.

The Prohibition

While seemingly misunderstood, the prohibition has been on the books for over a century. In 1887, the federal government first enacted legislation prohibiting the reproduction of currency in advertising. The debates surrounding the enactment of the legislation suggest that the government was concerned with protectingconsumers from counterfeit bank-notes, even if it was clear that the bank-notes were being used as an advertisement.

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