In the media – National
New country of origin food labelling reforms start
today
Consumers will find it easier to know where their food has come
from, with new country of origin food labelling reforms starting
today. Some exceptions have been made for seasonal items that could
be affected by supply issues. But on a whole, companies that ignore
the changes, or provide inaccurate information will face penalties
from the ACCC (01 July 2016).
More...
International consumer protection enforcers issue
guidance for online reviews and endorsements
stakeholders
The ICPEN has released a set of guidelines for market participants
involved in the collection, moderation and publication of online
reviews and endorsements. Compliance with these guidelines will
build consumer confidence in online reviews, and help review
platforms, traders and digital influencers avoid regulatory action
(01 July 2016).
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ACCC issues public warning about conduct of Australian
Business Funding Centre Pty Ltd's "Government grants"
website targeting small businesses
The ACCC has issued a Public Warning Notice about the conduct of
Australian Business Funding Centre Pty Ltd which operates the
website www.australiangovernmentgrants.org.
The Public Warning Notice alleges ABFC has made false or misleading
representations about the service's capability and quality, and
the role the service has played in assisting small businesses gain
government grant funding (27 June 2016).
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ACCC allege cartel in polycarbonate roofing
industry
The ACCC has instituted proceedings in the Federal Court against
four companies and three individuals for alleged cartel conduct in
relation to the supply of polycarbonate roof sheeting
('polycarb') to retailers in Australia. The ACCC also
alleges that these agreements had the purpose and likely effect of
substantially lessening competition (23 June 2016).
More...
FSC's LIF approach dubbed 'cartel'
behaviour
The Financial Services Council (FSC) engaged in cartel behaviour
when creating the Life Insurance Framework (LIF) as it was driven
by the big banks and insurance companies, and the industry should
have gone to the Australian Competition and Consumer Commission
(ACCC) with the proposition (23 June 2016).
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Online Dealz and its director Janet Lucas to pay
$120,000 in penalties for selling unsafe baby cots and
strollers
The Federal Court has ordered Online Dealz Pty Ltd to pay a penalty
of $100,000 for supplying a household cot, portable cot and
stroller that did not comply with safety standards, and for making
misleading representations in advertisements for the household cot,
in proceedings brought by the ACCC (22 June 2016).
More...
ACCC takes action against Heinz over nutritional claims
on food for 1-3 year olds
The ACCC has commenced proceedings in the Federal Court against
H.J. Heinz Company Australia Ltd (Heinz) in relation to its Little
Kids Shredz products. The ACCC alleges that Heinz made false and
misleading representations, and engaged in conduct liable to
mislead the public, in relation to the nature, characteristics and
suitability of these products, in contravention of the Australian
Consumer Law (21 June 2016).
More...
ACCC takes action against e-cigarette suppliers for
alleged misleading "no toxic chemicals"
claims
The ACCC has commenced separate proceedings in the Federal Court
against two e-cigarette online retailers alleging that they made
false or misleading representations and engaged in misleading
conduct by making statements on their websites that their
e-cigarette products did not contain toxic chemicals and did not
contain any of the chemicals found in conventional cigarettes (20
June 2016).
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Cases
Australian Competition and Consumer Commission v Online
Dealz Pty Ltd [2016] FCA 732
CONSUMER LAW – section 106(1) and (2) of the Australian
Consumer Law – supplying and offering to supply goods to
consumers that do not comply with safety standards
CONSUMER LAW – sections 18, 29(1)(a), 29(1)(g) and 33 of the
Australian Consumer Law – misleading or deceptive conduct or
conduct likely to mislead or deceive, false or misleading
representations, conduct liable to mislead the public –
whether reference to certification to Australian and New Zealand
Standards conveys compliance with those standards
CONSUMER LAW – contravention of ss 18, 29(1)(a), 29(1)(g),
33, 106(1) and 106(2) of the Australian Consumer Law –
knowing involvement in contraventions – pecuniary penalties,
declarations, injunctions, publication and disqualification orders
sought by applicant – considerations relevant to granting
injunctions – considerations relevant to making publication
order – considerations relevant to fixing penalties –
appropriateness of disqualification – disqualification order
not granted.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.