With the Canada Consumer Product Safety Act entering into force next month, the Association of Canadian Advertisers asked legal counsel Margot Patterson of Fraser Milner Casgrain LLP to review what this will mean for marketers.

The Canada Consumer Product Safety Act (CCPSA) enters into force on June 20, 2011. It brings with it stringent new rules to strengthen the Canadian product safety regime, and align it with U.S. standards. In the past, product safety was primarily the concern of manufacturers and distributors. The new law, however, casts a wider net. It is aimed at all those in the product supply chain, including advertisers.

Be prepared to become CCPSA-compliant.

Here are five things advertisers need to know by June 20:

• It is prohibited to advertise any consumer product that the advertiser knows is a danger to human health or safety, or is subject to voluntary recall or orders under the CCPSA.
• It is prohibited to make false, misleading or deceptive claims when advertising a consumer product, or on its package or label, regarding product safety.
• These prohibitions raise the standard of diligence for advertisers, and means that they will need to review ads, promotional material, instructions and information, when there is a potential product safety risk.
• Potential offences of omission can arise for failure to provide information regarding the safe use or operation of a consumer product. Does your advertising work straddle the line with “product information”? Be sure you’re well-informed about the product, and the law.
• Advertisers must maintain adequate information and records to facilitate product tracking through the supply chain. This can extend to allowing inspectors to exercise their new entry and inspection powers under the CCPSA – which can include your premises.

Here are three things advertisers need to do by June 20:

• Review due diligence policies and practices against the new CCPSA requirements.
• Be aware there may be new standards and requirements that need to dovetail with your services (due diligence, record-keeping, etc.).
• Review liability clauses under standard contracts.

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Margot Patterson is a Media lawyer at Fraser Milner Casgrain LLP in Ottawa. Previously, Margot was the General Counsel and Vice-President Legal Affairs for the Canadian Association of Broadcasters. She can be reached at margot.patterson@fmc-law.com or (613) 783-9693.