Dealing with misleading advertising in the face of declining government resources

Abstract

During the 15 years from 1980 to 1994, more than 150,000 complaints of misleading advertising were received by Consumer and Corporate Affairs Canada (now Industry Canada). Over the same period, 1,580 prosecutions were initiated and 1,154 convictions were obtained. Within the context of the actions that flow from the receipt of a misleading advertising complaint, this study examines the actions that flow from the receipt of a misleading advertising complaint, and the probability that a complaint will lead to a conviction. It analyses the equality of protection from misleading advertising across the country; and the product categories and the media which generate the largest number of convictions. The trend in investigations, prosecutions and convictions is down. The author concludes that with Industry Canada playing a changed and diminishing role in the regulation of misleading advertising, other means must be sought to deal with this problem.