Droit inc. – Influencers and Misleading Advertising: What Determines Their Legal Liability?

Our recent article, Influenceurs et publicité mensongère : quelle responsabilité juridique?, authored by Juliette Oger-Chambonnet and Paul Déry-Goldberg, was republished by Droit inc. (Available in French only).

As influencer marketing continues to grow, so does the need for clear legal guidance. This article explores the legal obligations influencers face when their content crosses the line into misleading advertising.

The authors examine:

• The legal frameworks applicable in Quebec and Canada, including the Competition Act, Consumer Protection Act (Quebec), and the Canadian Code of Advertising Standards;
• What qualifies as a “material connection” between an influencer and a brand, and how it must be clearly disclosed;
• The potential consequences of non-compliance, including civil and criminal penalties, reputational damage, and regulatory enforcement;
• A notable case from France that highlights growing international scrutiny of influencer practices.

Read the full article on Droit inc.