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 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
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
Since 2013, the ACCC has successfully prosecuted nine Harvey Norman franchisees across the country in relation to false and misleading representations regarding the consumer guarantees provisions under the Australian Consumer Law. And it has just claimed its 10th scalp. The Federal Court found that Bunavit Pty Ltd, a former Harvey Norman franchisee located in Queensland, … Read more
Early last year, the ACCC took action against Reckitt Benckiser (Australia) Pty Ltd regarding the Nurofen ‘targeted pain’ range (click here to read our blog about it). In December 2015, the Federal Court found that Reckitt Benckiser had indeed engaged in misleading representations in relation to this range of products. Specifically, the Court found that … Read more
For over a decade, Meat & Livestock Australia (MLA) has produced a satirical, tongue in cheek advertisement beseeching Australians to eat lamb on Australia Day. The ads tend to spark controversy (picking on vegetarians is a recurring theme), occasionally resulting in complaints to the Ad Standards Bureau (ASB). The 2016 ad proved to be no … Read more
This is the second blog in our series on recent ACCC enforcement action, and focuses on recent cases involving price dripping. This has been a priority area for the ACCC for some time, and that special attention is not likely to go away any time soon. Drip pricing occurs when a headline price is advertised … Read more
In yet another change in trade promotions compliance in Australia, the ACT Gambling & Racing Commission has announced that permits are only required for trade promotion lotteries if the total prize pool exceeds $3,000. This is a significant shift – previously, permits were required regardless of prize value. Trade promotions not requiring permits must still … Read more
In the last quarter of 2015, the ACCC has capped off a busy compliance year by securing judgments, and issuing infringement notices, against several big name brands in relation to various breaches of the Australian Consumer Law. This blog is the first in a series covering these cases, including highlighting the key take away messages. … Read more
