Marketing Law

KHQ News & Insights

The Swift Swindle: on fake celebrity endorsements


Posted By on 21/01/19

By Darrell Choong (Lawyer) and Amelia Edwards (Senior Associate) Imagine this: there’s a blank space on your product, or website, and there is a nagging thought at the back of your mind that it should be filled up. You are unable to shake it off. Inspiration strikes. You decide to put up a banner proclaiming … Read more

Jenny Craig tips the scales over misleading ad


Posted By on 25/06/18

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

Cambridge Analytica – who’s to blame?


Posted By on 2/05/18

By Naomi Stephens (Paralegal) and Amelia Edwards (Lawyer) The headlines are screaming, the politicians are pontificating: the Cambridge Analytica data breach scandal has turned the spotlight on Big Bad Data, and through all the huffing and puffing that has followed the unshaken public consensus seems to be that Facebook has, by negligence or design, thrown … Read more

Court hammers builder over online reviews


Posted By on 20/12/17

The Federal Court has ordered Perth builder, Aveling Homes Pty Ltd, to pay penalties totalling $380,000 for engaging in misleading and deceptive conduct regarding the manipulation of online reviews of its products and services. What happened? Aveling Homes owned and controlled two websites for customers to post reviews about their experiences with both it and … Read more

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

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