IN BRIEF
Recent ACCC enforcement activities have focused on false
credence claims in relation to food products. This article provides
a brief overview of relevant sections of the Australian
Consumer Law (ACL) and discusses some of those recent ACCC
enforcement actions.
FALSE OR MISLEADING REPRESENTATIONS, AND MISLEADING OR
DECEPTIVE CONDUCT - THE AUSTRALIAN CONSUMER LAW
Section 18 of the ACL prohibits the making of statements in
trade or commerce that are misleading or deceptive, or would be
likely to mislead or deceive. Such conduct will often involve a
misrepresentation which may be conveyed by words, graphics, images
or even silence by, for example, failing to disclose relevant
information. As is apparent from the various misrepresentations
described below, offending misrepresentations may, inter
alia, be disseminated on product packaging, labelling,
websites, advertising, statements, demonstrations or
presentations.
