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25/10/17
‘Sugar-coating’ health claims in advertising
The Australian Competition and Consumer Commission (ACCC) is sending a warning to food companies to make honest and truthful claims on food packaging in its Federal Court case against H.J. Heinz Company Australia Ltd (Heinz). Background In June 2016, the ACCC commenced proceedings against Heinz, alleging that it made false and misleading representations and engaged...
21/09/17
Testing the Bounds of Social Influencer Disclosures
Back in February we broke down what the new guidelines from the Australian Association of National Advertisers (“AANA”) would mean for brands and agencies engaging social media influencers. The Advertising Standards Board has now given insight into what level of disclosure is expected under Section 2.7 of the AANA Code of Ethics (“Code”) in its...
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13/07/17
“I am the Greatest” – when exaggerated claims in advertisements are misleading
Two leading real estate advertising companies have gone head-to-head in the Federal Court in the case of REA Group Limited v Fairfax Media Limited [2017] FCA 91 over an advertising campaign run by Fairfax Media (Fairfax) for their popular property destination, Domain. REA Group Limited (REA), who are associated with realestate.com.au, alleged that Fairfax had...
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29/05/17
The key Terms and Conditions lessons learned from The Today Show scandal
The Nine Network has recently had to defend itself against allegations that its ‘Block of Cash’ giveaway is a scam, following the broadcast of a winner from their home almost immediately after they received a phone call notifying them that they had won the jackpot live on The Today Show. Media outlets, entrants and concerned...
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13/04/17
Too sexy? Cheeky ad frowned upon by Advertising Standards Board
Last month, the Advertising Standards Board (‘the Board’) faced complaints about a couple of cheeky advertisements depicting men in their budgy smugglers. The first ad was promoting Bundaberg Rum and featured a close-up of a man in Speedos with the headline ‘No one does Prime Ministers like us and no one does Rum like us’,...
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04/04/17
What networks and production companies should learn from House of Hancock
In the wake of Channel Nine and CJZ’s apology to Gina Rinehart, production companies should be wary of the issues that landed these companies in hot water with the mining magnate. In this post, Stephen Digby explains the strategies required to avoid the same fate as TV series House of Hancock. After Rinehart’s successful legal...
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27/03/17
Airlines fined for drip pricing
Leading Australian airlines, Jetstar and Virgin, have been fined hundreds of thousands of dollars for drip pricing, breaching the Australian Consumer Law, following 2015 proceedings brought by the ACCC in the Federal Court. The case against Jetstar and Virgin In Australian Competition and Consumer Commission v Jetstar Airways Pty Limited [2015] FCA 1263, the Australian...
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