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LAW 525 (12)
Chapter 5

Law 525 Chapter 5.docx

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Law and Business
LAW 525
Nick Iannazzo

Chapter 5: Consumer Packaging and Labelling Act (CPLA) Purpose:  Prohibit false or misleading representations relating to prepackaged products (non- food)  Admin and enforcement Competition Bureau  Application  Exemptions CPLA does not apply to:  Drugs and medical devices  Commercial, industrial, or institutional  Products for export only  Products sold only to a duty free  Prepackaged textiles articles  Replacement parts for com s. 7 – prohibits dealers from false and misleading representations (weather symbols or words) on labels and/or advertising relating to prepackaged products Pre-packaged – any product packaged in a container in such a manner that it is ordinarily sold to or used or purchased by a consumer without being repackaged Container – receptacle, package, wrapper or confiding band in which a product is offered for sale; does not include liners, shipping containers, outer wrapping or boxes not usually displayed Dealer: retailer, manufacturer, processor or producer of a product; or person engaged in business of importing, packing or selling a product Label – any label, mark, sign, device, imprint, stamp, brand, ticket or tag Principle display panel:  Container mounted on display card  Ornament container  All other containers Principle display surface (PDP and PDS)  Container mounted on display card  That part of the label applied to o a) ALL or part of the principle display surface (PDS of container) o b) ALL or part of the Prohibiton – s. 4-9 s.4 – no dealer shall sell, import or advertise PP unless there is a label declaring net quantity Net quantity shall be:  on PDP of label  clearly and prominently displayed  easily legible  in distinct contrast to any other info or rep on label s. 5 (advertising) – no dealer shall, in advertising any PP, make any reps with respect to net s.6 (pack) – no dealer shall sell or import PP that is packing PP s.7(rep) – no dealer shall sell or advertise PP with label containing or misleading representation regarding the product s.7(2) – false or misleading rep -any rep that may be reasonably regarded as qualifying the declared net quantity of PP or likely deceive consumer regarding net quantity -anu rep that may reasonably imply that a PP contains any meter that it doesn’t or does not contain any matter that it does; any description or illustration of a PP that may reasonably be regarded as liely to deceive a consumer with respect to the matter any rep that gives impression that packaging contains more than it actually contains 3 Types  Misleading Pictorial Reps o Labels states ‘4 mats’ while picture shows 6  Qualifying Statements o Family Sized Litre – people think it’s bigger than a litre  Incorrect Net Quantity Declaration o Actual contents must not be less, on average, than the declared net quantity o Only a limited number of packages are allowed to contain less than declared quantity S.7(2)(b) – Product Composition Reps -any rep which deceives a consumer with respect to composition of a product 2 Types 1. Included Substances a. Contains lemons – in fact no lemons 2. Excluded substances – no irritants, in fact irritants S.7(2)(b) Product must conform with other claims Examples:  Quality-new  Method of manufacture – hand made  Origin – made in Canada  Function – biodegradable recyclable  Performance – freezing point of antifreeze  Capacity – 2 litre kettle Mandatory Label Info 3 Mandatory Statements 1) Product’s Identity 2) Product’s Net Quantity 3) Dealer’s Name and Principle place of Business Products Identity  Common or generic name – (or in terms of its function)  Language – both in English and French  Location – On PDP  Type face – no restriction, must be easily legible  Type height – if upper case use min 1.6mm... Exemption  Must apply for exemption  Identity may not be required when o Product is usually sold by count and is visible and identifiable o Label has accurate pictorial rep of content
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