In Quebec, the Consumer Protection Act (CPA) strictly regulates how merchants and advertisers present their products or services. The goal is simple : to prevent consumers from being misled by deceptive or false practices.

Section 219 CPA : the cornerstone of consumer protection

Section 219 CPA prohibits any merchant, manufacturer, or advertiser from making false or misleading representations, regardless of the medium used. Thus, this rule applies to all forms of communication : television, the Internet, in-store displays, and even social media posts.

According to the Office de la protection du consommateur (OPC), misleading advertising can take many forms. It is not limited to outright false statements. Omitting key information, manipulating statistics, or using misleading images can also constitute an infraction. In other words, merchants have a duty to be transparent and accurate in their representations.

False promises and complementary prohibitions

Section 220 CPA reinforces this requirement by prohibiting any false promise. Thus, a merchant cannot claim that a product provides a benefit it does not actually offer. Whether it be financial gain, a health advantage, or any other false quality.

Additionally, sections 221 and 222 CPA specify several further prohibitions. For example, merchants are forbidden from lying about a product’s manufacturing process or available quantity. It is also prohibited to unfairly disparage a competitor to promote one’s own product.

These provisions are designed to preserve fair competition and ensure honest information for the public.

Consumer remedies

When a merchant fails to comply with these rules, the consumer has several important remedies.

Section 272 CPA allows the consumer to seek a reduction of their obligation, the annulment, or even the cancellation of the contract. They may also claim damages to compensate for the harm suffered. In the most serious cases, the court may grant punitive damages to penalize the merchant’s bad faith.

These remedies help restore balance between the parties and deter fraudulent business practices.

Conclusion

In short, misleading advertising undermines public trust and compromises consumers’ fundamental right to truthful information.

Quebec’s legal framework, particularly through the Consumer Protection Act, seeks to balance commercial freedom with public protection.

If you believe you have been a victim of misleading advertising, it is essential to act quickly to preserve your rights. Our firm can help you analyze your situation, take the necessary steps, and assert your remedies. We also offer personalized support to defend your interests and ensure the protection of your rights.