Advertising

Digital marketing update: Shoppable content, unreal and nano influencers, virtual home assistants and ads in messaging apps

In a world of exponential technological growth, consumers make purchasing decisions across an array of media platforms. When developing new methods of delivering a personalised and convenient consumer experience across these platforms, businesses should therefore factor in the risks involved including the application of the Australian Consumer Law (ACL). In this update, we take a look …

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Marketing warfare series – Part III: Guerrilla marketing

What is guerrilla marketing? Guerrilla marketing involves unconventional or interactive campaigns that take consumers by surprise and typically attract social media attention for being so unexpected. These tactics allow businesses to repurpose their consumers’ environment to include their brand and are particularly attractive to small businesses looking for greater reach and impact at a lower cost …

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A Christmas credit carol: Advertising consumer credit

As we move into the festive season, personal finance such as credit cards and loans become increasingly attractive to consumers so they can spread the Christmas cheer. Offering finance options are a great way to get customers through the door, however, businesses should be aware of requirements that apply to advertising consumer credit under the …

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Marketing warfare series – Part II: Comparative advertising

A strategy often used by competing brands is comparative advertising. With numerous cases brought in the Federal Court of Australia each year and the potential for considerable pecuniary penalties, businesses should approach this strategy with caution. What is comparative marketing? Comparative advertising is, as its name suggests, an advertisement that compares a product or service …

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Food Standards Code: Mandatory Warning Labelling Update

On 26 May 2018, products containing the legume Lupin became subject to mandatory allergen warning requirements under the Australia New Zealand Food Standards Code (the Code).  It’s inclusion is a timely reminder for businesses to ensure that their product labelling includes warnings required by the Code. Mandatory Warnings By operation of Standard 1.2.3 of the Code …

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Social Media Marketing and Advertising Update: The Rising Star of the ‘Micro Influencer’

Businesses are increasingly questioning the value of “celebrity” social media influencers and appear to be favouring partnerships with “micro influencers” as a more cost effective marketing strategy. A “micro influencer” is a social media user with between 1,000 to 90,000 followers who, like a traditional influencer, makes posts promoting products.  Their key advantages include use of products …

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

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!

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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Digital Marketing Update – FAQ using Direct Messages, Outstream Videos and Chatbots

The modern consumer makes purchasing decisions using a multitude of media platforms, and often considering more than one platform at a time.  As businesses embrace new technologies to create a seamless experience across these platforms, they should be aware of the risks involved and how the Australia Consumer Law (ACL) applies in novel contexts. FAQ …

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Country of Origin Labelling: Complementary Healthcare Products

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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AANA releases practice note on gender stereotypes in advertising

The Australian Association of National Advertisers (AANA), part of Australia’s self-regulation system for advertising, has recently released a revised Code of Ethics Practice Note which provides guidance in relation to the use of gender stereotypes in advertising. Complaints under the AANA are adjudicated by the Ad Standards Community Panel, and the revised practice note can …

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Changes to therapeutic goods advertising in Australia

From 1 January 2019, businesses marketing and advertising therapeutic goods (medicines and medical devices) must comply with new requirements under the Therapeutic Goods Advertising Code 2018 (2018 Code). In addition to general requirements under the Australian Consumer Law with respect to false, misleading and deceptive claims, the 2018 Code specifically regulates the types and content …

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Sexual appeal advertising: Code of ethics amendments

Effective from 1 March 2018, the Advertising Standards Bureau now accepts complaints under the amended section 2.2 of the Australian Association of National Advertisers’ Code of Ethics (the Code), which prevents advertising that uses sex appeal from being exploitative or degrading. The amended section 2.2 provides that advertising or marketing communications shall not employ sexual appeal: …

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