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In the recent case of Australian Competition and Consumer Commission [ACCC] v Coles Supermarkets Australia Pty Ltd [Coles]  FCA 634, in the Federal Court of Australia, the consumer watchdog the ACCC brought proceedings against Coles arising out of an in-store advertisement for Coles bread which contained the “dominant message” that the bread was “baked today, sold today” was “freshly baked in-store” and other claims. The Court held that the overall impression of the consumer was that the bread was prepared and baked in store in a single process, where in fact the bread was a pre prepared frozen product which was baked in store. The Court held that the advertising in store and on the packaging was misleading and deceptive or likely to mislead or deceive the consumer.
At Forum Law we advise clients on the content of their advertising including the content on their websites so as to bring to our clients’ attention statements that may be likely to mislead and/or deceive the intended consumer and fall foul of the obligations of the providers of goods and services under the Australian Consumer contained in the Australian Competition and Consumer Act.