If Quebec’s Bill 96 feels less like a language law and more like a game of Tetris, you’re not alone. More than three years after its adoption—and with key provisions now in force—food companies are still grappling with how to fit their brands, labels, and marketing materials into Quebec’s newly revised French-language framework.
Packaging: Equal French, (almost always) everywhere
As a general rule, all text appearing on a product, its container, its wrapping, or any accompanying material must be in French. This requirement applies to permanent labels and non-permanent ones alike —think hang tags, shrink wraps, inserts, and even paperboard sleeves or plastic bands that are often wrapped around jars and bottles.
Other languages are permitted, but only if French is at least equally prominent and available on terms no less favourable.
Trademarks: Still exempt… but with strings attached
One of the most relied-upon exceptions to the rule above remains the exemption for “recognized” trademarks in a language other than French, provided no French version of the trademark is registered. As of June 1, 2025, if a recognized or registered trademark appearing on a product includes a generic or descriptive term (for example, words describing the nature or characteristics of the product, flavour profile, etc.), that generic or descriptive text must now appear in French on the product or on a permanently affixed support.
In other words, “recognized” trademark status is no longer a free pass when it comes to descriptive or generic wording.
The “name of the product as sold”: Helpful… but narrow
The regulations also carve out various exceptions to the requirement that a “generic term or a description of the product” in a trademark be translated, such as an exemption for “the name of the product as sold”. However, the scope of this exception is unclear. Regulators appear to view the “name of the product as sold” as the primary or house brand, rather than sub-brands, variants, or product-line extensions. Therefore, whether a mark qualifies as the “name of the product as sold” will depend heavily on how it is presented, positioned, and perceived in the marketplace. Mock-ups matter. Layout matters. Context matters.
Why filing trademarks matters more than ever
While our courts have maintained common-law trademarks are “recognized” under the Trademarks Act, recent interactions with the Office québécois de la langue française suggest unregistered marks may face greater scrutiny.
In some cases, businesses have been asked to provide documentation confirming a mark is recognized—a tall order without a certificate. Add to that the reality that retailers, not trademark practitioners, are the first line of compliance, the risk calculus changes quickly.
Grace periods: Helpful, but limited
There is a two-year sell-through grace period (until June 1, 2027) for non-compliant products manufactured before June 1, 2025. However, this grace period does not apply to new product launches.
Nevertheless, Quebec has extended that grace period for products manufactured between June 1, 2025, and December 31, 2025, that are subject to recent federal labelling changes, including the amendments to the Food and Drug Regulations relating to:
- front-of-package nutrition symbols;
- new or revised labelling requirements;
- Vitamin D disclosures;
- hydrogenated fats and oils; and
- certain amendments affecting cannabis-related products.
For food companies, this matters. Many manufacturers are undertaking significant packaging overhauls to comply with these requirements. Forcing simultaneous compliance with Quebec’s new French-language rules would have meant multiple redesigns in rapid succession.
In an environment where label space is premium, smart sequencing—and early legal review—can make the difference between a smooth transition and an expensive reprint. For food companies, that means treating language compliance as a design, branding, and operational issue, not just a legal one.
Melissa Tehrani leads GowlingWLG’s Advertising & Product Regulatory group. Her email ID is melissa.tehrani@gowlingwlg.com. Julia Kappler is a lawyer in the same group. She can be reached at julia.kappler@gowlingwlg.com. This column was originally published in the Feb./Mar. 2026 issue of Food in Canada.
- Source: https://www.foodincanada.com/opinions/food-law-bill-96-serves-up-new-rules-for-food-packaging/
