ARTICLE
10 March 2011

"Australian made" claims by online retailer, ACCC takes court action

From 1 January 2011, the Trade Practices Act 1974 (TPA), a key feature of the Australian commercial law landscape, was replaced by the Competition and Consumer Act 2010 (CCA).
Australia Corporate/Commercial Law

The ACCC continues its focus on "Australian made" claims having commenced court proceedings against Marksun Australia Pty Ltd (Marksun). The ACCC alleges that from at least 1 June 2010, Marksun represented that its ugg boots were made in Australia when the ugg boots were in fact made in China.

The representations were made on the following websites:

  • www.marksunboots.com.au;
  • www.uggbootsonsale.com.au; and
  • www.uggbootsoutlet.com.au.

The ACCC is seeking declarations, injunctions, civil pecuniary penalties, costs and corrective notices against Marksun.

Not only is this case an example of the ACCC continuing to be aggressive in relation to alleged false "Australian made" claims, it is also an example of the traps associated with on-line advertising.

Marketers may think websites do not need legal clearance for compliance with the ACL but this is far from the case. Websites, like all other forms of advertising, need legal review before they go live and whenever their content is amended.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More