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Australian Consumer Law Archives - Buchanan
Country of origin claims, getting it right

A number of recent cases highlight the importance of ensuring the accuracy of country of origin claims. Sounds simple enough, but consider products constituted by ingredients from various countries, assembled in another country by a company owned elsewhere.  As demonstrated by the cases below, false claims relating to a product’s country of origin can result

Mandatory minimum 3 year term for gift cards set to become national

Earlier this year, the NSW Government enacted legislation requiring gift cards to have a minimum expiry date of three years from the date of supply. You can read more about these changes here. As predicted, the Federal Government has now followed suit, passing new laws making the three year minimum expiry mandatory across Australia. The

Pain caused by comparative advertising

A recent decision of the Federal Court of Australia reiterates the need for businesses to ensure any comparative advertising claims are capable of substantiation through current and relevant scientific evidence or otherwise risk breaching the Australian Consumer Law. The case of GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser (Australia) Pty Limited (No 2) [2018] FCA

New mandatory minimum 3 year term for gift cards sold to NSW consumers

Important new changes are set to apply from 31 March 2018 for businesses who sell gift cards or gift vouchers to NSW consumers. The new laws affect not only NSW based businesses but also any business that sells gift cards to NSW consumers online (including international websites). Understanding consumers’ new rights, and adopting new business

Consumer guarantee concerns for regulator

The Australian Competition and Consumer Commission (ACCC) has raised concerns about consumer guarantee issues following an increase in reports by consumers to the regulator. These concerns follow an announcement by the ACCC in November last year that put clothing retailers on notice after an online review of numerous returns policies raised concerns of non-compliance with