What is the test for determining whether an advertising claim is misleading?
Ontario, Canada
The following excerpt is from Drynan v. Bausch Health Companies Inc., 2021 ONSC 7423 (CanLII):
Drynan relies on the test as set out in Richard v. Time Inc., 2012 SCC 8, [2012] 1 S.C.R. 265, at para. 72, in which the court applied the objective standard of the “credulous and inexperienced consumer” to determine whether an advertising claim was misleading.
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