Marketing & Advertising Law
FocusPapers in the area of Marketing & Advertising.
Health Claims in Food Advertising: the Advertising Claims Board upholds a Complaint by Fonterra against Goodman Fielder in an industry first
27 July 2010
Author: Laura Hartley, Partner
Practice area: Marketing & Advertising
The Food Standards Code (FSC) prohibits most "health claims" on labels and advertising for food. However, the statutory body responsible for enforcing the Food Standards Code in New South Wales, has rarely taken action for breach of these provisions. Nor has it given any publicly available guidance as to the extent of these provisions. Up until now, many members of the food industry have marketed the health benefits of a category of food (such as wholegrains, dairy or soy) rather than naming any health benefits of a particular brand of product of that manufacturer so as to avoid these provisions. That practice may now need to change given a recent decision of the Advertising Claims Board (ACB).
Direct Selling/Multi-Level Marketing - How will Phase 2 of the Proposed Australian Consumer Law Reforms Affect Your Business?
17 May 2010
Author: Jamie Nettleton, Partner, Laura Hartly, Partner and Andrew Dawson, Special Counsel
Practice areas: Competition, Trade Practices & Regulatory and Marketing & Advertising
Australian direct selling organisations (DSOs) are likely to be impacted significantly if the changes proposed by the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 (ACL) become law. Of particular concern are the provisions targeting door-to-door selling, telephone sales and other forms of direct selling which do not take place in a retail context.
Phase 1 of the Australian Consumer Law reform process begins!
16 April 2010
Author: Laura Hartley, Partner and Jamie Nettleton, Partner
Practice areas: Competition, Trade Practices & Regulatory and Marketing & Advertising
* New civil penalties and enforcement powers for the ACCC and ASIC significantly change the regulatory environment for Australian businesses as phase 1 of the Australian Consumer Law (ACL) reform process began 15 April 2010. * Unfair consumer contract provisions to take effect from 1 July 2010. * Phase 2 of the Australian Consumer Law reform process is expected to commence on 1 January 2011.
Direct Selling - When is a Distributor deemed an Employee - Victoria - Homecare Direct Shopping Pty Ltd v Gray [2008] VSCA 111
3 February 2010
Author: Jamie Nettleton, Partner
Practice area: Marketing & Advertising
In a manner similar to the New South Wales decision in Bessemer , a 2008 decision of the Victorian Court of Appeal relating to a workers compensation claim made by a distributor of a direct selling company raises important issues that direct selling companies need to consider when drafting distribution agreements. This decision suggests that certain distributors will be deemed as employees for the purposes of Victorian workers compensation law.
Direct Selling - When Is A Distributor A Worker - NSW
21 December 2009
Author: Jamie Nettleton, Partner
Practice area: Marketing & Advertising
Is a person injured at a direct selling company's premises deemed a 'worker' for workers compensation purposes? The 2005 NSW Court of Appeal decision in Bessemer has significant implications for direct selling companies and workers compensation insurers as it may deem distributors/consultants as 'workers' for workers compensation purposes.
Tips for Preparing Advertising Campaigns - Legal Compliance
21 December 2009
Author: Jamie Nettleton, Partner
Practice area: Marketing & Advertising
In preparing advertising campaigns for market, often what seems like a good idea for an advertising campaign may be a breach of the Trade Practices Act 1974 (Cth) (the "Act"). Knowing when to recognise potential trade practices issues is the first step in avoiding breaches of the Act.
Food Standards Code Change: All Bread to Contain Folic Acid
21 September 2009
Author: Jamie Nettleton, Partner
Practice area: Marketing & Advertising
From 13 September 2009, all wheat flour for making bread (except organic) in Australia must contain added folic acid.
Food Standards Code Change: Cyanide Levels in Vege Chips
17 September 2009
Author: Jamie Nettleton, Partner
Practice area: Marketing & Advertising
Amendments to Standard 1.4.1 of the FSANZ Code has meant that levels of hydrocyanic acid (cyanide) will now be regulated in vegetable crackers/chips (cassava-based chips). Suppliers will need to comply with the amended Standard or face fines of up to $275,000.
Consumer Law Changes - Summary
21 May 2009
Author: Jamie Nettleton, Partner
Practice areas: Intellectual Property & eCommerce and Marketing & Advertising
Proposed legislation could have the effect that all standard form contracts used by businesses containing certain terms will no longer be enforceable. Also, companies (and their officers) seeking to enforce terms which are prohibited could be subject to fines.
Ribena - a Sure Recipe for Deception!
7 February 2008
Author: Jamie Nettleton, Partner
Practice area: Marketing & Advertising
Early last year, GlaxoSmithKline ("GSK"), the manufacturer and supplier of Ribena, the popular blackcurrant fruit drink, was fined NZ$227,500 and ordered by the Auckland District Court to run a corrective advertising campaign.
Interface between TGA and Food Regulation
5 February 2008
Author: Jamie Nettleton
Practice area: Marketing & Advertising
The distinction between the regulation of therapeutic goods and food regulation has become increasingly blurred due to the prevalence of foods and drinks on the market that claim to have health benefits and nutritional qualities.