What all businesses can learn from free range eggs
This week the ACCC has taken action against 3 more “free range” egg producers; those selling Ecoeggs, Field Fresh, Port Stephens and Darling Downs Fresh Eggs brands. The ACCC is alleging that their claims of free range are misleading and deceptive in breach of the Australian Consumer Law. These proceedings follow the recent decision of the Federal Court in September […]
Read MoreCredence claims: you can’t rely on standards and industry body approval to avoid fines
What are credence claims? One of the priority areas for the ACCC’s enforcement actions is credence claims. The ACCC has told us this, and we can see it from the cases they have taken action against lately. Credence claims are claims and representations made about products or services that they are somehow better, of […]
Read MoreHas someone complained about your business?
Small businesses cannot expect to fly under the ACCC’s radar. Managing risk of non compliance with laws, including the Australian Consumer Law (ACL) is something all businesses should be concerned with. The ACCC does not only deal with complaints and enquiries relating to the conduct of large businesses and companies. According to the ACCC’s latest Small Business […]
Read MoreTrade 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 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 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 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 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 MoreEnergy price savings and free range ducks
Misleading consumers about the nature of the energy comparison services offered by Energy Watch and the savings that their customers could make when switching retailers, has resulted in the company ( which has gone into liquidation) and its former CEO being ordered by the Federal Court to pay fines of $1.95 million and $65,000 respectively. This comes as […]
Read MoreThe ACCC acts quickly against misleading carbon price claims; do you know what you can say?
The price on carbon has only been with us 5 days and already the ACCC is investigating, or has taken action against, 3 companies for misleading or deceptive conduct in relation to claims, or threatened claims, about the cost to consumers of the carbon price. The ACCC warned businesses that they would take action and have published a guide […]
Read MoreThe cost of non-compliance is expensive-just ask Apple.
Businesses need to be proactive about ensuring that they know their legal obligations and have processes in place to ensure that they comply with the law. Since the Australian Consumer Law was introduced in in January 2011, the Federal Court has imposed penalties of over $1 million dollars on a number of companies for misleading […]
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