In an advertisement, various strategies may be used to promote a product or service. However, the advertisement must not be ambiguous. It must be clear, legible and understandable.
These rules apply to all types of advertising: in a newspaper or flyer, on a sign, on television, on the radio, online, etc. They apply to merchants, manufacturers and advertisers.
Misleading or false information
Any advertisement that contains false or misleading information, or that conceals an important fact, is illegal. Here are examples of prohibited practices:
| Prohibited Practices | Examples |
|---|---|
Concealing an important fact | Failing to mention that a vehicle has sustained significant damage |
Distorting the meaning of any information | Only making reference to a positive aspect of a test performed on a product where the test was negative overall |
Promoting a product based on scientifically false data or analyses | Claiming that a product was effective for 98% of consumers who have tried it, based on the fact that only 2% of the consumers have returned it |
Assuming a false status or identity | Falsely claiming to be a psychologist or physician |
Displaying an illustration that does not accurately depict the product or service for which the price is advertised | Using a photo of vehicle that is better equipped and that costs more than the one whose price is advertised |
Using the expression “cost price” when it does not represent the actual price paid by the merchant | Advertising a mattress on liquidation sale at a cost price of $400 when the merchant really paid $350 for it |
Any goods or services sold must comply with the advertisements made about them.
Other prohibited practices
In an advertisement, merchants are also prohibited from:
- failing to provide their identity or specifying that they are a merchant;
- claiming they hold a permit from the Office de la protection du consommateur to lead one to believe that the Office recognizes or approves of their activities;
- providing only a post office box as contact information. They must provide their complete address.
Making false statements and promises
Merchants are not allowed to make false statements or promises about any goods or services.
Merchants are also prohibited from using a pretext to try to make a sale. For example, a salesperson who offers you to inspect your heat pump with a hidden motive to sell you a new one is acting illegally. Here is another example: merchants are also prohibited from conducting a survey on air quality for the purpose of selling you an air purifier or a dehumidifier.
Businesses are responsible for any statements made by their representatives, whether verbal or written.
Unsolicited goods or services
Merchants are prohibited from invoicing you for any goods or services you did not request. For example: a merchant goes to your home to apply a treatment to your lawn while you are away, without your having requested this service. You are not required to pay the invoice the merchant leaves in your mailbox.
Reporting a merchant
If you find yourself in a situation in which these rules are not respected, you can contact the Office de la protection du consommateur.
Last update : May 3, 2021
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The information contained on this page is presented in simple terms to make it easier to understand. It does not replace the texts of the laws and regulations.
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