On 27 April 2022, the Competition Bureau announced that it had reached a settlement agreement with NuvoCare Health Sciences Inc and its founder (NuvoCare), who were found to have made marketing claims that gave a false or misleading impression about their weight loss products.
Under paragraph 74.01(1)(b) of the Competition Act, a person cannot make a claim about a product's performance, efficacy or length of life unless the claim is based on an adequate and proper test. The Competition Bureau's investigation concluded that NuvoCare's weight loss claims were not supported by adequate and proper testing.
As part of the settlement, NuvoCare agreed to pay C$100,000 in penalties, change or remove all weight loss claims made about their products and establish a corporate compliance programme to prevent future deceptive marketing issues.
For further information on this topic please contact Chen Li at Smart & Biggar by telephone (+1 416 593 5514) or email ([email protected]). The Smart & Biggar website can be accessed at www.smartbiggar.ca.