Kelly Harris is a partner in Miller Thomson’s Toronto office, and leads the national Marketing, Advertising & Product Compliance law group. She gives practical, timely, and business-focused advice to her market-leading retailer, manufacturer, and distributor (including MLM) clients, addressing their broad and quickly-changing challenges and concerns.
Her legal expertise includes deceptive marketing practices, consumer protection, e-commerce, privacy, anti-spam, competition/anti-trust, and trademark and copyright. Many of her clients are in regulated industries, including cosmetics, natural health products, food, beverage, alcohol, cannabis, financial services, medical devices, children’s products, electronics and radio spectrum products.
Kelly provides strategic advice on a wide variety of issues, including:
Advertising: claim review and substantiation, consumer contests/sweepstakes, consumer activations and promotions, sponsorship, influencer and talent agreements, competitor challenges, charitable promotions, consumer loyalty programs, and mobile/social/new media
Marketing: pricing and sales substantiation, e-commerce, packaging and labelling, telemarketing, consumer contracting, consumer protection, website terms of use, terms of sale, agency/client services agreements, and distribution
Regulatory: product classification, licensing, regulatory notifications, technical specification/standards compliance, formulation review and assessment, regulatory investigations/challenges, and compliance with restrictions on regulated product claims and advertising Privacy and Information
Protection: privacy policies, private sector privacy compliance and audit, and charities and not for profit privacy compliance and audit
Anti-Spam (CASL): consent language, message disclosure requirements, adapting existing distribution lists, assessing practices, auditing compliance, and CASL policies