Faster, bolder, better: Navigating the fine line between superiority claims and puffery in Canadian sports advertising

In the competitive world of sports marketing, advertisers often use superiority claims to stand out and capture consumer attention. These claims highlight the perceived advantages of a product or service over competitors. Puffery and hyperbole may be leveraged to indicate competitive advantages, however there are related legal risks that must be carefully considered.
Puffery consists of exaggerated, subjective statements not meant to be taken literally, such as “the greatest game on Earth.” Hyperbole, a form of puffery, uses extreme exaggeration to create dramatic effect, such as “faster than a speeding bullet.”
Striking the right balance between boldness and credibility is key. Understanding the conditions under which such claims can be used responsibly helps advertisers craft compelling campaigns that resonate with audiences while preserving consumer trust and complying with legal standards.

Superiority claims in sports advertising

The use of over-the-top superlatives in sports advertising with a view to capture consumer attention and differentiate products is not new.

Gillette’s “The Best a Man Can Get” campaign, reintroduced during the 2004 Super Bowl (or the “wardrobe malfunction” Super Bowl), aimed to strengthen its emotional connection with consumers by emphasizing the brand’s commitment to excellence. Similarly, Heineken’s slogan “Refreshes the Parts Other Beers Cannot Reach,” popularized in the late 1970s, positioned the brand as offering something unique compared to competitors.

A more recent example is that of Hisense, which has leveraged sports sponsorships, such as the UEFA European Championship 2024 and FIFA World Cup Qatar 2022, in its sports marketing efforts. During these events, Hisense prominently promoted its market position with claims such as “China’s No. 1, World’s No. 2.” However, its sideline marketing raised questions about compliance with Chinese advertising laws, which prohibit the use of superlatives such as “highest” or “best.”

This example highlights the challenges of navigating varying legal standards across jurisdictions, especially when sport acts as a universal language. For brands operating in multiple markets, it is crucial to develop tailored advertising strategies that meet the legal and regulatory requirements of each applicable region.

Sports advertising in Canada is particularly lucrative due to the country’s vibrant sports market and numerous upcoming events, including the FIFA World Cup 2026, offering strong opportunities to reach a broad audience. Advertisers looking to take advantage of this space should be familiar with Canadian advertising laws to navigate the complex regulatory landscape.

The Competition Act and the Canadian Code of Advertising Standards

Superiority claims in advertising are regulated by law under the Competition Act and by industry self-regulation under the Canadian Code of Advertising Standards (the “Code”), ensuring ads convey accurate and clear messages. Additional laws can also be applicable to superiority claims, such as the Trademarks Act, Consumer Packaging and Labelling Act and provincial consumer protection laws.

Ads must avoid false or misleading claims, include all material information, and as applicable have legible disclaimers. Claims must be supported by reliable evidence and comparative ads must be fair—avoiding discrediting or exaggerating differences—to maintain integrity and credibility.

The use of superlatives can very easily cross the line into prohibited marketing practices, such as materially false or misleading representations or performance claims not based on adequate testing. Under the Competition Act specifically, such claims may be subject to regulation either as reviewable civil conduct or, in more serious cases, as criminal offences.

Where an ad contravenes the Competition Act’s provisions against false or misleading advertising, the Competition Bureau may bring a challenge. Recent reforms to the Competition Act have expanded private rights of action, including effective June 20, 2025, to allow private parties to challenge misleading advertising under the relevant civil provisions before the Competition Tribunal, a role historically limited to the Bureau.

These cases will be subject to a more accessible leave test if the Tribunal finds the application to be in the public interest—a standard that in respect of such cases is still new and undefined. This change may increase private enforcement and lead to more representative proceedings. 

Materiality and puffery

In Canada, the scope for arguing that an advertising claim is just “puffery” is generally much narrower than in certain other jurisdictions, the U.S. in particular. Material information is crucial in determining whether a statement is false or misleading under Canadian law, and accordingly, must not be exaggerated as “mere puff.” Typically, information is considered “material” where it can influence a consumer’s decision to purchase a product or use a service.
Classic examples of puffery that may not be considered material include BMW’s “the ultimate driving machine,” Lamborghini’s “Quicker than a ray of light,” Calvin Klein’s “Longer lasting than eternity,” and Intel’s “Runs faster than the speed of thought.” However, the general impression conveyed by the advertisement as a whole must be carefully considered to determine whether a claim risks being material.
Two Duracell advertisements illustrate the line between puffery and material claims. Duracell’s 1990s ad featured the Puttermans, a family of plastic robots, to promote the brand’s superior battery life. The highly exaggerated and fictional nature of the campaign, including comparisons to a “Brand X,” helped to position the messaging closer to puffery.
In contrast, Duracell’s recent “Built Different” Super Bowl LIX commercial takes a more material approach. Featuring Tom Brady and the ‘Duracell Scientist,’ the ad highlights Duracell’s Power Boost™ Ingredients in a dramatic scenario where a power outage is avoided by using Duracell batteries. By linking product performance to a tangible feature and reinforcing credibility through celebrity endorsement, the campaign provided concrete claims that are (presumably) substantiated and verifiable, rather than vague hyperbole.
In the context of Canadian advertising laws, this approach would align better with the requirements of the Competition Act and the Code, ensuring that the claims are clear, accurate, and substantiated.

Best practices for sports advertisers in Canada

To navigate the fine line between compliant superiority claims and misleading puffery in Canadian sports advertising, we suggest considering the following best practices:

  • Ensure accuracy and clarity: Advertisements should convey clear and accurate messaging, avoiding any misleading or deceptive claims.
  • Substantiate claims: Comparative advertising and performance claims must be substantiated. Any claims about a product’s performance, effectiveness or longevity must be backed by adequate and proper tests.
  • Avoid material misrepresentations: Ensure that all material information, which could influence consumer behavior, is truthful and not misleading.
  • Use puffery cautiously: Obviously exaggerated statements and general puffery that an average consumer would not take seriously may not require substantiation, provided they are not material to the consumer’s purchasing decision.
  • Fair comparative advertising: When making comparative claims, ensure they are fair and do not discredit, disparage, or attack other products, services, companies, or entities. Making compliant comparative advertising claims can be highly nuanced and generally benefit from legal review.
  • Comply with legal standards: Advertisements must be compliant with legal and regulatory standards, including the Competition Act and the Code.
  • Consider the audience: Tailor advertisements to the sophistication of the target audience, ensuring that the overall impression is not misleading.
  • Monitor regulatory changes: Stay updated on changes in advertising laws and regulations to ensure ongoing compliance.
To learn more about navigating sports advertising compliance and mitigating risk, contact the authors or a member of Gowling WLG’s Advertising Law or Entertainment and Sports Law practice groups.
NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.

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