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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Excessive Surcharge Provisions enforced by the ACCC

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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Food and Grocery Code of Conduct Review

The Food and Grocery Code is the first prescribed voluntary code under the Competition and Consumer Act 2010 (Cth) regulating the conduct of supermarket retailers and wholesalers who have agreed to be bound by the code. A draft report released on 2 July details 14 draft recommendations made by the review. The key draft recommendations …

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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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Country of origin food labelling has commenced!

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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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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Targeted: Organic claims

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

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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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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Social Media Marketing and Advertising Update: What’s in a tag?

New features on Instagram now allow businesses to post about their products with tags that embed pricing information, product feature descriptions and website links. Whilst this will allow the platform to play a larger role in direct product marketing, the changes are a timely reminder for businesses to review their social media practices for compliance …

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Proposed changes to the Australian Consumer Law: Exposure draft released

Off the back of recommendations contained in the 2017 Australian Consumer Law Review Report, an exposure draft of proposed changes to the Australian Consumer Law has been released for public consultation. The proposed changes include amendment of: Display Price Requirements section 48(7) to exempt vendors from the requirement to display a single total price that …

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Eggcellent news for consumers! New national standard for free range eggs

Australian consumers increasingly choose to buy ‘free range’ eggs in support of animal welfare (despite paying higher prices). However the task of determining whether eggs are truly free range has become a rising concern for consumers. Only last year, a major egg producer in the Australian market was penalised $1 million AUD after contravening Australian …

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