Most Read Contributor in Australia, September 2016
The Advertising Claims Board recently considered a complaint
lodged by Dyson Appliances (Aust) Pty Limited
(Dyson) against Samsung Electronics Australia Pty
Ltd (Samsung), that the claim
"powerful suction that lasts"
contained in advertising materials for Samsung's "Motion
Sync" vacuum cleaner is misleading or deceptive, or likely to
mislead or deceive.
In its determination that Samsung's claim is not misleading
or deceptive, the Board considered whether a promotional point of
sale "swing tag", attached to a product, is excluded
advertising or marketing communications because it is a label, and
therefore not covered by the AANA Code of Ethics
In its submission Dyson requested that various advertising
materials be considered, including a point of sale swing tag
attached to the Motion Sync vacuum cleaner. Samsung, however,
contended that the swing tag could not form part of Dyson's
complaint because a swing tag constitutes "Excluded
Advertising or Marketing Communications" under that definition
in the Code. The Code specifically identifies "labels or
packaging for products" as being excluded from the definition
of "Advertising or Marketing Communications" and
therefore outside the scope of the Code.
The Board found that the swing tag did constitute
"Advertising or Marketing Communications" within the
meaning of the Code, and therefore should be considered in
conjunction with the other advertising materials.
In its consideration of whether a swing tag is a label or not,
within the meaning of "Excluded Advertising or Marketing
Communications", the Board expressed the view that, while each
situation will need to be assessed on a case-by-case basis, a tag
which is clearly intended:
to promote the product and to encourage the purchase of the
to be removed from the product prior to its use,
is much less likely to be considered a label than a tag which is
intended to remain on a product and to convey important information
about a product on an on-going basis.
The Board considered that the swing tag used by Samsung on the
Motion Sync vacuum cleaner is material that "draws the
attention of the public in a manner calculated to promote or oppose
directly or indirectly a product", as is contemplated by
the definition of "Advertising or Marketing
Communications" under the Code.
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The issue of recording telephone calls was recently considered in the Federal Court in Furnari v Ziegert  FCA 1080.
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