Competition Law & Regulatory Compliance

KHQ News & Insights

Jenny Craig tips the scales over misleading ad

By Naomi Stephens (Paralegal) and Amelia Edwards (Lawyer) Weight loss giant Jenny Craig has paid penalties totalling $37,800 following an investigation by the ACCC into multiple misleading representations made in its lose “10kg for $10” campaign. What happened? Wrongly trimming the informational fat: The campaign ran from December 2017 to February 2018, with advertising stating … Read more

TPG fined for infringing spam laws

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

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

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

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

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