Trade Mark rights and Consumer Protection aren’t always congruent
Trade mark rights and consumer protection can mean different things. This is the story of a boutique brewery that developed a beer recipe and licensed the recipe and associated trade marks to a large brewery. It is not a story of competition between the two but of a business arrangement. The ACCC doesn’t like […]
Read MoreHow can your social media activity breach the Australian Consumer Law?
Are you responsible for what other people say on your social media site? A few years ago, the Federal Court found that Allergy Pathway Pty Ltd had engaged in false, misleading and deceptive conduct. The Company and its director undertook, among other things, not to make certain representations about their ability to test for allergens […]
Read MoreDoes anyone like telemarketers and door to door salespeople?
Devious and annoying telemarketers! I was having lunch with friends on the weekend when the conversation turned to the devious tricks that telemarketers play to try to get your personal information and make a sale. One friend told us about a call she received where the caller said that they were following up a recent […]
Read MoreSelling goods online- 3 things sellers need to be aware of to avoid paying big fines
Almost every day there is an article or media release about companies that have allegedly breached laws that protect consumers. Mostly they don’t intend to hurt their customers. (I hope not anyway!!) Buying electrical and other goods online is becoming more common with new sellers popping up every day. Here’s a warning that they […]
Read More4 reasons why you need to know what your salespeople are saying
Employers are liable for things that their employees say to customers. The company can be found to have breached the Australian Consumer Law (“ACL”) even if an employee doesn’t intend to do wrong or doesn’t know what they are doing is a breach. Here are 4 common things that can get the company into trouble […]
Read More3 lessons suppliers can learn from washing machines that catch fire and cars that will not stop.
Unfortunately, products will, from time to time, be released in the marketplace with faults that are not detected until in use. How a company handles this is important not only to the safety of consumers but to the reputation and financial well -being of the manufacturer (in Australia an importer of foreign manufactured goods is […]
Read MoreComplaints- where lawyers and marketers can agree.
Lawyers and marketers don’t always see eye to eye- take for instance the marketer wanting to find a descriptive name for a product and the IP lawyer advising that a descriptive name won’t be easy to protect. But I don’t want to talk about names here. This is about complaints, brand identity and product and […]
Read MoreDoes your organisation comply with the revised Privacy Act? Time is running out!
Agencies and organisations were given significant notice that, come 12 March 2014, they would need to comply with the amended Privacy Act and the 13 Australian Privacy Principles (“APP”)’s set out in it. Does your business need to comply? If you answer “YES” to the following questions your organisation must comply with the APPs Is […]
Read MoreThe ACCC gets tough with Coles and Woolworths and their fuel discounts
Coles and Woolworths shopper dockets and their s87B undertakings Coles and Woolworths were issuing shopper dockets with fuel discounts of 8 cents or more to customers who made purchases over a certain value in their supermarkets. The ACCC were investigating whether, by doing this, the big supermarket retailers were lessening competition in the retail fuel […]
Read MoreThe serious consequences of supplying goods that don’t comply with safety standards
We have recently heard in the news the sad cases of two small children who were strangled by the cords used to open and raise blinds. Standards to keep us safe In Australia we have a number of mandatory Safety Standards that apply to products that have the potential to cause serious harm to consumers, […]
Read MoreHow to comply with consumer protection laws? Walmart knows
The customer is the boss Sam Walton knew about building a successful business servicing customers. He founded the American retail giant Walmart. Sam said “There is only one boss. The customer. And he can fire everybody in the company from the chairman on down, simply by spending his money somewhere else.” Misleading conduct- accidental or […]
Read More$145,000 for faking it!
False Testimonials Publishing false testimonials has cost 2 solar panel companies and their director $145,000 (and a contribution to the ACCC’s costs). The Federal Court today found that Euro Solar and Australian Solar Panel ‘s Youtube video testimonials and the written testimonials published on Euro Solar’s website were not made by genuine customers. Publishing false […]
Read More3 Critical Things to Remember When Dealing with Consumers
The ACCC reported some big wins last week in the consumer protection space, amounting to 3 companies (and 3 individuals) paying a total of over $1.5 million in penalties. The ACCC alleged that these companies and people misled consumers, made misrepresentations, engaged in unconscionable conduct and/or failed to comply with consumer protection laws when making […]
Read MoreAddressing Risks and Opportunities in Packaging Design
Packaging of consumer products is, in many cases, a necessity. Although probably rarely given much consideration by manufacturers and suppliers, packaging can bring opportunities to businesses as well as risks. Life Threatening Packaging Waste It’s not news that our rubbish is killing our marine and bird life. A recently published article about a 13.5 m […]
Read More12 sustainability goals successful companies know
Sustainability plays a significant role in many companies today. They are seeing benefits from operational efficiencies, goodwill and compliance as well as the greater advantages that come from managing their impact on the environment and communities. Nestlé, for example, has promised to achieve zero energy waste in all of its 150 European factories by 2020. […]
Read MoreAre you sick of seeing waste packaging littering the streets?
I am! Not only because I am tired of having to drag Lulu past Mc Donald’s packages, ice cream wrappers, milk cartons, chip bags etc every time I take her for a walk! If you own a scavenger, you become very aware of rubbish!! Another (less selfish) reason is the energy and resources that go […]
Read MoreHope is not a Plan
I was privileged to attend a very inspirational talk from Pater Baines yesterday. He talked about leadership, an area he is well qualified to speak about. The first point he made was that “Hope isn’t a Plan”. This applies if you find yourself in the middle of managing an emergency, or just in the everyday […]
Read MoreThe confusion over which solar panel system to buy should soon be removed
Choosing a solar photovoltaic systems (“PV systems”) is a complicated process with different technology, government incentives, billing options and suitability being considerations the buyer needs to assess. Adding further complication to the buying process, the buyer often has to deal with different people throughout the process- those involved in the sales, installation and post- sales. […]
Read MoreFuel cells: An under used energy source. What are they?
Two articles came across my desk on Monday from very different sources about fuel cells. One was published in Business Spectator and the other in Science Daily. Science Daily reported on a 2 year pilot program soon to be undertaken in Texas, California and New York where the refrigeration units of frozen food delivery vans […]
Read MoreFood and packaging: Japanese style
I’ve just spent 2 weeks holidaying in Japan. It is a fascinating country; one full of contradictions. Among other things I was interested to see, from a sustainability perspective, how so many people can live in such a small area. It’s crowded; without a doubt, with over 125 million people living in an area of […]
Read MoreThe regulator is watching for false claims of energy cost savings or of premium attributes of products penalties but are easily avoidable.
In a speech to lawyers on Friday night, the chairman of the ACCC said that 2 areas of their focus are energy retailers and in particular on claims of discounts and savings available to customers and on the making of credence claims, particularly by the food industry. This includes claiming attributes such as “Australian made”, […]
Read MoreEven accidentally misleading consumers can be costly
Over the past 6 months the ACCC has received over 1000 complaints or enquiries relating to misleading advertising and false representations including claims that are made to improve the appeal of a product to consumers (“credence claims”). Credence claims can include country of origin representations, “green” or environmental claims and representations that products are “organic” […]
Read MoreProtecting native forests; importers of wood and paper products will face heavy compliance obligations from next year.
Importers of products made from timber, including paper and paper products need to start developing their due diligence and compliance programmes now or face up to 5 years imprisonment, up to hundreds of thousands of dollars fines or both, for importing illegally logged products and failing to comply with the Illegal Logging Act. By the […]
Read MoreWhy are you making us do this?
How does your organisation manage change and implement new policies and procedures? New polices can be imposed for different reasons, including to manage risks of breaching laws, to follow industry standards, for health and safety, to align with company values or for other business reasons. Corporate change, and the acceptance by staff of new policies […]
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