For most of us, it's just like Lorde says, we'll
never be royals, but according to the PJs gurus Peter Alexander,
you can still go to bed looking and feeling like one thanks to
their exclusive "Royal Mother's Day" edition of
The advertising campaign features some pretty convincing look -
a - likes of the Queen, Duke and Duchess of Cambridge and bubba
George, donning the sleepwear and marketing it as a Mother's
Day gift fit for Her Maj.
Effective advertising yes, but also a shining example of how
seemingly harmless campaigns like this can fall foul of the
Australian Consumer Law which is quite strict about businesses not
misleading consumers into thinking that their goods or the business
itself has a sponsorship approval or affiliation which it
doesn't actually have.
Businesses can face penalties up to $1.1 million if they're
found to be in breach, individual offenders are also caught.
You might think that no one's naive enough to really think
the British Royals endorsed the Aussie pyjama retailer. The Courts
have generally approached the question by having regard to all of
the surrounding circumstances, the class of people the advertising
is targeted at and the overall impression of the conduct. Peter
Alexander caters for a pretty broad market for all ages and both
Disclaimers can be considered in answering the question but
definitely don't act as a get out of jail free card. In short,
it's a pretty practical test of whether the conduct is really
misleading, but it's flexible enough to consider a range of
scenarios and consumers.
The ACCC has been rampant in its mission to champion consumer
rights. Over the past year it's busted numerous businesses for
misleading consumers about their rights and making claims in their
advertising that don't match up to the true nature of the goods
and/or services being supplied.
Our view on this one is that Peter Alexander can probably rely
on the "nobody's that stupid" defence, but staying
classy is the best way to avoid risk.
We do not disclaim anything about this article. We're
quite proud of it really.
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The Sportscraft refunds and returns policy limitations went beyond consumer's rights under the Australian Consumer Law.
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