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ARTICLE · 20 MARCH 2020

Compare the pair - comparative advertisements and consumer protection

If comparative advertisements are inaccurate, false or misleading, you may be in breach of the Australian Consumer Law.

AustraliaConsumer Protection
Sam Harmer (Formerly With Bartier Perry)
Sam Harmer (Formerly With Bartier Perry)
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Businesses constantly search for the competitive edge that will see them outlast and outcompete their competition. Comparative advertising is a technique often used to highlight that competitive edge and to promote the superiority of a product or service.

However, if your comparative advertisement depicts inaccurate, false or misleading information, you may be found to be in breach of the Australian Consumer Law.

What is it?

A comparative advertisement is a direct challenge to a competitor's product or service. Businesses will often make comparisons between their own product or service and a competitor product or service on the basis of:

  • size or volume;
  • quality;
  • price; or

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