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Prize Promotions Around the World: Launch of new edition

The fourth edition of DLA Piper’s popular Prize Promotions Around the World online guide is now available.  The guide has been fully updated and also includes four new jurisdictions, to bring the total coverage to 39 jurisdictions. Prize promotions (including promotional sweepstakes and skill competitions) remain a hugely popular marketing tool used globally by organisations …

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Product labeling update: Country of origin claims

In late 2018, the Federal Court found that imported fish oil and Vitamin D encapsulated in Australia could not be permissibly labelled as ‘Made in Australia’. These proceedings come as a timely reminder for businesses to ensure that any representations made about a product’s country of origin are clear, accurate, can be substantiated and meet …

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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 I: Ambush marketing

To get an edge over competitors, businesses often resort to aggressive marketing and advertising strategies to promote their products. While these campaigns are usually creative, amusing to consumers and highly effective for attracting publicity, they can have unforeseen consequences, such as agitating a competitor into taking action against the aggressor. In this series (this is …

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International product safety week – Product safety risks in e-commerce

We all know how convenient it is to shop online (particularly today with the Black Friday sales!), but we often don’t think about the risks involved.  We can’t touch the product, we can’t see it with our own eyes, and sometimes we are uncertain as to the true identity of the seller.  Yet nine times …

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Tax Update: A New Digital Tax in Australia?

Following its announcement in May, the Australian Government has now released a discussion paper, raising a debate on whether Australia should introduce a new interim digital tax (Discussion Paper). The Discussion Paper refers to digital businesses with a significant “digital footprint” in Australia that may not necessary have a physical (or tax) presence in Australia. …

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Unlimited Data or Unlimited Liability? Misleading and Deceptive Claims by Telcos

In a stern warning by the Australian Competition and Consumer Commission (ACCC), telecommunication providers have been put on notice to ensure that their advertising is “clear and transparent”, or otherwise both companies and management that approve misleading advertisements will face proceedings for breach of the Australian Consumer Law (ACL). A recent action in the Federal …

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Food Standards Code: Claims in Food Advertising and Marketing

A number of recent enforcement actions by the ACCC appear to indicate that claims made about food products, particularly ones targeting children, are being closely monitored by regulators. In addition to general obligations under the Australian Consumer Law, businesses should also be aware of regulations that specifically apply to claims made about the nutritional content …

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The new General Data Protection Regulation is here!

Last week the new General Data Protection Regulation (GDPR) came into force and for a short period of time was allegedly Google’d more than Beyonce that day! The requirements under the GDPR are important for organisations to consider, particularly where they may collect personal data (including for marketing purposes or in e-commerce). Under the GDPR, …

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