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group that monitors advertising content, says it received almost 600 complaints about green claims last year, up from about 100 in 2006. A similar group in the EU, the European Advertising Standards Alliance, also reports sizable increases in complaints, including from Belgium and the Netherlands, and particularly involv- ing automotive advertising. "Fuel-economy claims are hugely important, and if you look at car ads now you'll see that they're much more prominent than they were six months ago; those are very effectively regulated by Transport Canada. No problem, that's measurable," says Vogt. "But what is much more difficult to measure is whether it is or is not environmentally friendly. What the guidelines, I think, are attempting to do is require manufactures, advertis- ers to highlight exactly what the benefit is and not make vague claims, because, ultimately, if you look at a product or service on a cradle-to-grave analysis, the benefit that it contributes may actually be nullified by other aspects of its pro- duction, shipping, etc. Consumers are beginning to understand that and need to be told the facts, or at the very least for claims to be limited." Jennifer McKenzie, with IP firm Be- IF IP LAW WERE RISK-FREE & EASY, YOU WOULDN'T NEED US. IP & technology law isn't just complex and time consuming, it's also a minefield. Our internationally recognized professionals have the technical and legal experience to assist you in protecting, managing and enforcing your client's valuable IP rights. Your clients know when to call you for expertise. And now you know when to call us. reskin & Parr in Toronto, covers adver- tisign law in her practice. She says she's been watching the national advertising division (NAD) of the Better Business Bureau, which reviews ads for truthful- ness and accuracy, "certainly because the U.S. tends to be more litigious," she says. "I understand they have seen more trade complaints, and I just participated in a conference call with a U.S. firm where they gave samples of cases that had gone before the NAD. And it was really inter- esting because the NAD, much like these new guidelines, wants manufactures to look at the cradle-to-grave life of the product, and if it's got a benefit in one area is it truly a net benefit?" McKenzie points to a case in the U.S. Ottawa | Toronto | Montreal | Vancouver smart-biggar.ca Strategic IP Audits – Patent & Trade-mark Protection Worldwide – Domain Names Intellectual Property Management – E-commerce – Trade Secrets & Confidentiality Litigation – Licencing – Technology Commercialization Agreements – IP Valuation 54 SEPTEMBER 2008 www. C ANADIAN Law ye rmag.com ntitled-1 1 2/11/08 9:19:37 AM involving Panasonic Corp. of North America and its large-screen plasma TVs, particularly its claim that "Panasonic plasmas are environmentally friendly. No lead. No mercury. No worries. Most LCD TVs have mercury." The NAD de- termined Panasonic was free to tout the