OTTAWA – Rogers Communications is fighting back against product performance claims contained in the country’s Competition Act, questioning whether the law violates its freedom of expression.
According to a report in the Montreal Gazette, Rogers has asked an Ontario court to strike down the law requiring a company to have "adequate and proper" tests of a product's performance before advertising claims about the product. It also is preparing to argue before the Ontario Superior Court that the weighty financial penalties that can be imposed on a company for making a false or misleading claim are unconstitutional.
The action stems from November 2010 when the Competition Bureau began legal proceedings against Rogers for a $10 million fine over what the Bureau said was misleading advertising of Rogers' Chatr discount wireless brand, as reported by Cartt.ca.
