Retail Thera-IP
Your Weekly Dose of Legal Advertising and Marketing Updates in Australia

Category: Retail

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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Consumer Law Update: Headline Pricing and Expanded Investigatory Powers

On 26 October 2018, the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 (Cth) came into effect, amending a number of key provisions of the Australian Consumer Law (ACL) and extending investigatory powers available to the Australian Consumer and Competition Commission (ACCC) and Australian Securities and Investments Commission (ASIC). This comes as a timely […]

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Cosmetics Labelling Guide Released by ACCC

Recently, the Australian Consumer and Competition Commission (ACCC) released a guide on labelling requirements that apply to cosmetics products sold in Australia. This comes as a timely reminder for businesses that produce and supply cosmetics products to ensure that they comply with mandatory standards under the Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991 […]

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New rules for imported foods into Australia

We’ve all come to love those delicious exotic delicacies in our fridge originating from around the world. But these imported foods are not always as harmless as they seem and can pose serious health risks such as the tropical fruit cassava and the Sardinian cheese, Casu Marzu. Two weeks ago, on 21 September 2018, the Imported Food […]

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Ethical credentials in retail – upcoming changes you need to know

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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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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