Marketing Law

KHQ News & Insights

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

Harvey Norman franchises under ACCC fire

Posted By on 4/02/16

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

Nurofen’s targeted pain

Posted By on 1/02/16

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

Australia Day ad controversy – just a beef up?

Posted By on 28/01/16

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

Promoters win … again

Posted By on 18/12/15

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

Chrisco’s lay-by terms breach consumer law

Posted By on 18/12/15

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

New guidance on advertising rules for video bloggers in the UK

Posted By on 25/10/15

The UK body responsible for writing and maintaining the UK Advertising Codes – the Committees of Advertising Practice (CAP) – recently released guidance for video bloggers (vloggers) about how and when advertising rules apply to their video blogs (vlogs). The problem with vlogging and advertising More than ever before, businesses are utilising the extensive reach … Read more

Misleading consumers in comparative advertising … are you allowed to say that?

Posted By on 25/10/15

Samsung v LG: who won? Delivering judgement earlier this year, the Federal Court has finally resolved proceedings between two of the biggest names in electronics – Samsung and LG. Samsung commenced proceedings against LG in 2011 for misleading and deceptive conduct under the Australian Consumer Law in relation to television commercials and marketing materials used … Read more