• 3. (1) Subject to subsection (2) and any regulations made under section 18, the provisions of this Act that are applicable to any product apply notwithstanding any other Act of Parliament.

• (2) This Act does not apply to any product that is a device or drug within the meaning of the Food and Drugs Act.

• 4. (1) No dealer shall sell, import into Canada or advertise any prepackaged product unless that product has applied to it a label containing a declaration of net quantity of the product in the form and manner required by this Act or prescribed and in terms of either

  • (a) numerical count, or

  • (b) a unit of measurement set out in Schedule I to the Weights and Measures Act,

  as may be prescribed.

• (2) A declaration of net quantity referred to in subsection (1) shall be located on the principal display panel of the label and shall be clearly and prominently displayed, easily legible and in distinct contrast to any other information or representation shown on the label.

5. No dealer shall, in advertising any prepackaged product, make any representation with respect to the net quantity of the product except in accordance with this Act and the regulations.

6. No dealer shall sell or import into Canada any prepackaged product that is packaged in such a manner that it does not meet the packaging requirements established in relation to that product by regulations made pursuant to subsection 11(1).

• 7. (1) No dealer shall apply to any prepackaged product or sell, import into Canada or advertise any prepackaged product that has applied to it a label containing any false or misleading representation that relates to or may reasonably be regarded as relating to that product.

• Definition of “false or misleading representation”

  (2) For the purposes of this section, “false or misleading representation” includes

  • (a) any representation in which expressions, words, figures, depictions or symbols are used, arranged or shown in a manner that may reasonably be regarded as qualifying the declared net quantity of a prepackaged product or as likely to deceive a consumer with respect to the net quantity of a prepackaged product;

  • (b) any expression, word, figure, depiction or symbol that implies or may reasonably be regarded as implying that a prepackaged product contains any matter not contained in it or does not contain any matter in fact contained in it; and

  • (c) any description or illustration of the type, quality, performance, function, origin or method of manufacture or production of a prepackaged product that may reasonably be regarded as likely to deceive a consumer with respect to the matter so described or illustrated.

• (3) Where a declaration of net quantity shows the purported net quantity of the prepackaged product to which it is applied, that declaration shall be deemed not to be a false or misleading representation if the net quantity of the prepackaged product is, subject to the prescribed tolerance, not less than the declared net quantity of the prepackaged product and the declaration otherwise meets the requirements of this Act and the regulations.