Marketing Law

KHQ News & Insights

MLA ad banned following independent review


Posted By on 7/12/17

In a rare move, an Advertising Standards Board ruling regarding an ad by Meat & Livestock Australia (MLA) has been overturned following an independent review. What happened? To celebrate spring lamb, MLA produced an ad entitled “You never lamb alone” and which depicted a group of religious icons and deities sitting down to enjoy an … Read more

TPG fined for infringing spam laws


Posted By on 20/11/17

In a warning to businesses which engage in email marketing, telecommunications giant TPG has been fined by the Australian Communications & Media Authority (ACMA) for breaching the Spam Act 2003 (the Act). Background Under the Act, businesses sending commercial electronic messages, such as e-newsletters and marketing emails, must comply with (amongst other things) three key … Read more

Court rules Meriton manipulated online reviews


Posted By on 16/11/17

The Federal Court has found that Meriton Serviced Apartments (Meriton) engaged in misleading and deceptive conduct regarding online reviews of its properties posted on the TripAdvisor website. Background to the case TripAdvisor provides a “Review Express” service to participating businesses.  A participating business provides TripAdvisor with the contact details of customers who have consented to … Read more

Egg producer fined for false “free range” claims


Posted By on 21/08/17

One of WA’s largest egg producers has been handed a record $750,000 fine for making false or misleading representations regarding “free range” egg claims. The Federal Court imposed the penalty on Snowdale Holdings Pty Ltd, which produces eggs under various labels including Eggs by Ellah, Swan Valley Free Range and Wanneroo Free Range. In May … Read more

ASB in hot pursuit of Apple Music & Delta Goodrem for reckless advertising


Posted By on 24/07/17

The Advertising Standards Board (“ASB”) has criticised an Apple Music television commercial featuring Australia singer and The Voice judge Delta Goodrem, and determined that it breached prevailing community standards about safe driving. What happened? The ad, broadcast during the finale of The Voice, features Goodrem in the passenger seat of a convertible BMW choosing an … Read more

Advertising regulation and influencers – AANA revises Code of Ethics


Posted By on 22/03/17

Advertising in Australia is regulated by various laws and codes, including the Australian Association of National Advertisers (AANA) Code of Ethics. The Code is administered by the AANA, the advertising industry’s self-regulatory body. Influencer marketing has exploded in recent years, as brands seek new ways to reach target audiences and ‘tell a story’. And where … Read more

New kilojoule laws: a killer headache for food retailers?


Posted By on 6/03/17

The Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017 (‘Scheme’) became law in Victoria earlier this month, creating obligations on “chain food premises” and “chain supermarkets” to display kilojoule content statements on food labels and internal store displays. Retailers will glad to hear they have until July 2018 to ensure compliance with the … Read more

Heinz ‘healthy toddler snacks’ anything but – ACCC


Posted By on 25/07/16

If ever you needed a reason to have your product labels legally reviewed, the ACCC’s recent action against Heinz should be enough to convince you. Product label claims are clearly in the ACCC’s sites, as the regulator issued Federal Court proceedings against food manufacturing conglomerate, H.J. Heinz Company Australia Ltd (Heinz), alleging false and misleading … Read more

Court finds Snowdale not so eggscellent


Posted By on 24/05/16

Just weeks after a major supplier of free range branded eggs, Free Range Egg Farms (FREF), was found to have breached the Australian Consumer Law, yet another supplier has come under fire by the ACCC and the Federal Court for misleading and deceptive conduct. (Read our blog on the recent FREF prosecution.) Background One of … Read more