Retail Thera-IP

Legal advertising and marketing updates from Australia

ACCC updates

THE ART OF THE DEAL: ACCC NEWS MEDIA BARGAINING CODE IMMINENT

7 July 2020 / ACCC updates, Advertising, Data

The Australian Competition and Consumer Commission (ACCC)’s mandatory news media bargaining code (the Bargaining Code) looks set to shake up how Australian news content is monetised and treated online.  The Federal Government has directed the ACCC to address imbalances in bargaining power between news media organisations and the digital platforms that were identified in the …

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FOOD FOR THOUGHT: 2020 ACCC COMPLIANCE AND ENFORCEMENT PRIORITIES ANNOUNCED

26 February 2020 / ACCC updates, Advertising, Consumer law, Food and beverage, Retail

Earlier this week, the Australian Competition and Consumer Commission (ACCC) announced its annual compliance and enforcement priorities for 2020. This list consists of a number of areas that are targeted at retail and particularly food businesses in Australia and include: misleading and deceptive conduct in relation to the sale and promotion of food products; franchisor …

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These Schemes Ain’t Loyal says ACCC Draft Report on Customer Loyalty Schemes

17 September 2019 / ACCC updates, Advertising, Consumer law, Retail

The Australian Competition & Consumer Commission (ACCC) recently released its draft report on customer loyalty schemes, which has raised concerns about the actual benefit to consumers of such schemes and the use (or rather misuse) of consumers’ data. Preliminary Findings and Concerns At a high level, the ACCC’s main concerns (as set out in the …

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Back to school: Consumer rights training required

20 July 2019 / ACCC updates, Consumer law, Retail

The fast-paced retail environment poses a high risk for businesses to make false, misleading or deceptive representations about products and consumer rights under the Australian Consumer Law (ACL).  With the Australian Competition and Consumer Commission (ACCC) having the power to impose considerable pecuniary penalties, businesses should be aware of their obligations under the ACL and …

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ACCC update: 2019 compliance and enforcement priorities announced

20 July 2019 / ACCC updates, Consumer law

Last week, the Australian Consumer and Competition Commission (ACCC) announced its annual compliance and enforcement priorities for 2019. The list included a number of priorities that are particularly relevant and important for retail and consumer-facing businesses, including: consumer guarantees, particularly in relation to high value white goods and electrical goods; customer loyalty schemes; advertising practices …

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Don’t believe the hype: Online ratings and reviews under the microscope

20 July 2019 / ACCC updates, Advertising, Consumer law

Online ratings and reviews are perceived as a low cost, transparent and real-time way for consumers to make informed purchasing decisions and can therefore be highly influential. Over the past year, there have been a number of enforcement actions successfully brought by the ACCC for businesses manipulating reviews or ratings that appear on their website, …

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Returning faulty gifts: New year, new product returns?

20 July 2019 / ACCC updates, Advertising, Consumer law, Retail

There’s always that one present under the tree. It doesn’t quite fit right or maybe doesn’t work once plugged in…Remember to not only remain calm, but both consumers and retailers should also ensure that they are fully aware of their rights and obligations under the Australian Consumer Law (ACL). According to the ACCC website, the …

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Ethical credentials in retail – upcoming changes you need to know

3 October 2018 / ACCC updates, Retail

With modern slavery reporting requirements likely to commence in the near future in Australia, there is a renewed focus on the ethical sourcing of retail and clothing products.  Specifically, in August this year, the ACCC re-authorised the Homeworkers Code of Practice (the Code) for a further ten years. The Code is voluntary for manufacturers within Australia and …

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Full Federal Court provides further insight into the use of ‘natural’ in product branding and advertising

4 September 2018 / ACCC updates, Advertising, Consumer law, Retail

Natural skin care products, natural beauty products, natural cosmetics…the list goes on.  These so called ‘natural’ products are on-trend and are in high demand in the Australian and Asia Pacific retail market.  The rise of consumer demand for natural products is a result of its association with health and wellness and as the Australian Competition and …

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Be careful – consumer law penalties are set to increase!

29 August 2018 / ACCC updates, Advertising, Consumer law, Retail

Recently, the Treasury Laws Amendment (2018 Measures No. 3) Bill 2018 (Cth) passed both houses of parliament, implementing changes to the maximum financial penalties for breaches of the Australian Consumer Law.   This gives effect to the proposals set out in the final report on the Australian Consumer Law Review conducted by Consumer Affairs Australia and New Zealand …

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Country of Origin Labelling: Complementary Healthcare Products

9 August 2018 / ACCC updates, Advertising, Consumer law

The Australian Competition and Consumer Commission (ACCC) released a guide earlier this year on country of origin labelling in relation to complementary healthcare products.  However, unlike the labelling requirements for food products (see our post from July on the commencement of the Country of Origin Food Labelling Standard available here), it is not compulsory for the …

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Excessive Surcharge Provisions enforced by the ACCC

27 July 2018 / ACCC updates

Earlier this week, the ACCC commenced its first proceedings under new provisions of the Competition and Consumer Act 2010 (Cth) that ban excessive payment surcharges.  This clearly signals that the ACCC is actively monitoring and enforcing these restrictions, and comes as a timely reminder for businesses to review their surcharges for accepting payment by credit, …

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Country of origin food labelling has commenced!

5 July 2018 / ACCC updates, Food and beverage, Retail

From 1 July 2018, it became mandatory for businesses to ensure that food offered for retail sale in Australia is labelled in accordance with the Country of Origin Food Labelling Information Standard (the Standard). The Standard is aimed at providing consumers with greater certainty for where food is made, produced and grown when making purchasing …

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Targeted: Organic claims

20 July 2019 / ACCC updates, Consumer law

The ACCC has indicated that it is currently targeting businesses for making false or misleading ‘organic’ claims about their products. With a number of infringement notices issued as part of the investigations, it is a timely reminder for businesses to ensure that any product claims such as ‘organic’, ‘100% organic’ or ‘made using organic ingredients’ …

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The car retail market and consumer guarantees

20 July 2019 / ACCC updates, Consumer law, Retail

Car manufacturers are facing mounting pressure to comply with their obligations under the Australian Consumer Law (ACL), particularly in relation to directing customers to warranties in place of consumer guarantees. Often consumers are unaware that under the ACL they have automatic rights to refunds and repairs, regardless of what the warranty covers. The Australian Competition …

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