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Targeted Enforcement Approach to Markets: T.E.A.M. Regulatory Craft in Nova Scotia

This document outlines a targeted enforcement approach to markets, known as T.E.A.M. Regulatory Craft, implemented by the Fair Business Practices Branch in Nova Scotia. The objective is to develop an improved framework to address misleading advertising and labeling, focusing on high-risk issues and allocating resources accordingly.

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Targeted Enforcement Approach to Markets: T.E.A.M. Regulatory Craft in Nova Scotia

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  1. Enabling Competition and Informed Consumer Choice through a Targeted Enforcement Approach to Markets (“T.E.A.M.”) Regulatory Craft in Nova Scotia 2007 November 21, 2007 Adam Zimmerman Fair Business Practices Branch

  2. The Competition Bureau Canada • Headed by the Commissioner of Competition • Our Mission Statement: • The Competition Bureau is an independent law enforcement agency. • We contribute to the prosperity of Canadians by protecting and promoting competitive markets and enabling informed consumer choice. 2

  3. Fair Business Practices Branch • Promotes fair competition by: • Discouraging deceptive business practices such as: • Mass Market Fraud • Misleading Advertising and Labelling • Encouraging the provision of sufficient information to enable informed consumer choice • Administers and enforces: • Misleading representations and deceptive marketing practices provisions of the Competition Act • The Consumer Packaging and Labelling Act, the Precious Metals Marking Act, the Textile Labelling Act 3

  4. Motivation & Need • Previous approach unfocused: • Complaint driven and ad hoc • Resources can easily be spread too thinly over too many issues • Branch may deal with one or two players but not the entire issue • Success not adequately measured - - generally move on to the next case • Few teams take ownership of an issue 4

  5. Objective & Conceptual Framework • Objective to develop improved Act-neutral FBPB framework in approaching misleading advertising and labeling • Conceptual Framework has three components • Identifying issues that pose greatest risk to consumers and competitors through risk analysis • Focusing resources on the high risk issues • Responsive allocation of resources: enforcement, compliance, education and outreach initiatives appropriate to each specific issue 5

  6. T.E.A.M. Overview: Flowchart Marketplace Intelligence Risk Assessment High Risk Issues Identified T.E.A.M. Operational Plans Implementation 6

  7. Marketplace Intelligence • Identify issues through more proactive marketplace intelligence: • Complaints • Literature review • Stakeholder consultations • Media monitoring • Partnerships – including academics • Facilitates performance measurement • Create baseline metrics at outset • Measure change to determine efficacy of actions and tools 7

  8. Risk Analysis • Analysis narrows the field of issues and enables a targeted approach • Issues are assessed according to the risks they pose to both consumers and competitors • On-going risk assessments performed as the market evolves • Risks not static but dynamic so assessments may change 8

  9. High Risk Issues Identified Likelihood of Risk Happening Consequences of Risk 9

  10. T.E.A.M. Operational Plans • Results-oriented intervention to high risk issues • Dedicated teams develop operational plan for issue, including a blend of enforcement, education and outreach 10

  11. Implementation • Resources focused on high risk issues, with the goal of having a significant impact • Targets the whole problem • Levels the playing field • Significant emphasis not just on enforcement, but also on prevention through outreach and education 11

  12. Individual Teams • Ownership: team takes ownership of the entire issue, rather than an isolated case • Empowerment: team empowered to develop own operational plan to tack issue and, once approved, to implement the plan • Creativity: creative approaches and solutions to problem as part of mix or responses to each issue 12

  13. Individual Teams (2) • Team-focused: team expected to work together to develop implementation plan to build expertise about marketplace issues • Dynamic: as the team expertise increases, the operational plan can be modified to address emerging trends and changing marketplace tactics 13

  14. Practical Application of T.E.A.M. • Development of the Fraudulent Health Claims T.E.A.M. based on: • Bureau priorities • Enforcement – target online fraudulent and misleading health performance claims • Advocacy – health • Past health initiatives with hallmarks of T.E.A.M. • Weight-loss • Diabetes • UV Protection Claims • “Light” and “Mild” Cigarettes 14

  15. Fraudulent Health Claims T.E.A.M. • Target: Fraudulent Cancer Related Performance Claims • Intelligence/ Risk Assessment tells us that: • Cancer leading cause of death in Canada • 8 out of 10 online consumers look for health info on the net • 44% likely to encounter a site selling a product or service • 75% don’t check the source or date the info was posted • Over 50% say the info they found impacted how they cared for themselves or someone else • High risk to consumers 15

  16. Fraudulent Health Claims T.E.A.M (2) • Operational Plan: • Dedicated team to plan around • Enforcement aimed both online and offline • Develop consumer education and outreach products • Develop and strengthen strategic partnerships 16

  17. Fraudulent Health Claims T.E.A.M (3) • Implementation → Outreach • Educate consumers about fraudulent Cancer cure/treatment claims • The challenged is to do this without taking hope away from Cancer patients and their families, or alternatively giving them a false sense of hope • Using strategic partnerships to overcome these challenges 17

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