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

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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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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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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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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