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Through Project FairWeb, Internet sweeps are conducted on a regular basis to identify potentially problematic sites which are then analyzed for misleading content under the misleading representations and deceptive marketing practices provisions of the Canadian Competition Act. Notices are then sent to the owners of selected websites informing them that certain claims used for the promotion of their products could raise issues under the Act and that they are obliged to have adequate and proper tests available to support such claims. Furthermore, under the general provisions of the Act, such claims must be true.
In most cases, businesses are invited to voluntarily alter their websites if they are not in possession of proper tests to support their claims. If compliance is not forthcoming, then the contested route is available whereby we can require, through court or tribunal proceedings, that a target provide tests to substantiate their product claims.