Competition & consumer.

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A hefty price for a Google Ad

When seeking out answers, we all reach for Google, the most commonly used platform for information searches. Often, we assume that our search results are accurate. Accuracy is very important when businesses market their products and services on the internet. It is for this reason that they should ensure they do not...

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Revised (but not revolutionised) trade promotion laws

The Lotteries Act 2019 (SA), together with the new Lotteries Regulations 2021 (SA) (Lotteries Regulations), take effect on 10 December 2021. The Lotteries Regulations are intended to bring clarity to, and simplify some elements of, the trade promotions framework and requirements.

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It's more than a prize

Trade promotions, such as competitions and other promotional games, are winners for generating hype for your brand. However, trade promotions are heavily regulated and organisations must ensure they comply with relevant laws...

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Under the influence

One of the most novel occupations created by the rise of social media is that of the influencer. Influencers earn a living by advertising and promoting brands and connecting them with their own social media followers. An industry code is helping ensure influencers disclose the commercial arrangements that sit behind sponsored posts. In our recent blog post...

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Avocados and the new ACL consumer threshold

Inflation, avocados and consumer law. You may be wondering what is the connection between these 3 seemingly unrelated topics? Inflation has contributed to the increase in avocado prices by up to 129% in recent years. Separately, a Government review has recognised that in light of inflation, the Australian Consumer Law (ACL) for consumers and small businesses...

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Gut feelings

We've all been drawn in by a catchy headline, for example, 'shed 5kg in a day!' Whilst this may seem like a great marketing tactic, claims such as these are very risky. Importantly, retailers must not mislead or deceive consumers...

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Cheers to Compliant Advertising of Alcohol

Marketing alcohol is inherently difficult. It is held to greater scrutiny than other food and beverage products. Unsurprisingly, this means that smart ideas like Bob Hawke sculling a beer, though catchy and differentiating, can be non-compliant...

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Handshake agreements or fist bumps?

Society has always prided itself on honouring a handshake agreement. But, what happens when one of the parties shaking hands, is not honourable? Unless your handshake is backed with a written agreement, you might not have a ...

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Responsible marketing of food and beverages

'Huge news! 10 Grand Massive Quadruple Beef Burgers for the price of 1!'Tempting, but the use of a tag line like this in an advertising campaign would likely breach Australian advertising codes. Advertising of food and beverages...

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The new AANA advertising Code of Ethics

On 1 February 2021, the new advertising Code of Ethics (Code), adopted by the Australian Association of National Advertisers (AANA), came into effect. The AANA has published an accompanying Practice Note to in order to assist...

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