Our most recent Product & Marketing Law articles are listed below:
25 May 2006
Australia does not need a general safety provision, says the Productivity Commission
The Productivity Commission has published its final report in relation to the review of the Australian consumer product safety system.
25 May 2006
Are your products safe from the Trade Practices Act?
Many product-related claims brought against manufacturers include an allegation that there has been a breach of the consumer protection provisions contained in Part V Division 2A of the Trade Practices Act 1974 (Cth).
25 May 2006
Product extortion threats — what you need to know
Product extortion threats, particularly over the past decade, have cost Australian manufacturers millions of dollars and present to the corporate victims of these crises challenges that include maintaining public safety and confidence in their products, while minimising negative publicity and potential legal liability.
07 October 2005
FSANZ releases proposed new country of origin labelling options
This week, Food Standards Australia New Zealand has released a report which makes recommendations to the Food Regulation Ministerial Council regarding country of origin labelling for food.
12 August 2005
Unconscionable conduct and door to door sales — What lessons can be learnt from the two recent cases?
The Australian Competition and Consumer Commission has recently undertaken two successful legal actions for unconscionable conduct; both cases involved sales that took place at the customer’s home or direct approaches to customers. While the facts of the cases are fairly extreme, they still provide some helpful hints for companies that use direct sales techniques and wish to avoid being found guilty of unconscionable conduct.
28 February 2005
What are you guaranteeing about your prices?
Following an investigation by the Australian Competition and Consumer Commission in relation to its 'LOWEST AIRFARES GUARANTEED' slogan, Flight Centre has given court enforceable undertakings which include extensive corrective advertising.
25 February 2005
Now there are even more reasons to trade fair
Changes made to the Victorian Fair Trading Act and other consumer protection laws at the end of 2004 give traders further reason to ensure that they have effective and up-to-date legal compliance programs.
22 September 2004
The implications of the new section 26B of the Therapeutic Goods Act 1989 (Cth) in the context of the Australia-US Free Trade Agreement
The US Free Trade Agreement Implementation Act 2004 (Cth) proposes to introduce an additional step in the current process for the inclusion of therapeutic goods (by listing or registration) on the Australian Register of Therapeutic Goods.
07 September 2004
Are your warnings the ones that the product safety standards require?
A recent decision concerning an appeal by BMW Australia Ltd serves as a powerful reminder there is not much room for deviation where product safety standards are concerned—slight variations to mandated warnings may result in a breach of the Trade Practices Act.
19 March 2003
Was: apparently a great marketing ploy. Now: unwanted attention from the ACCC
At sale time, when retailers claim they are practically throwing away their products, it seems some also throw away their concern for the law.
10 February 2003
New obligations for beverage labelling in SA
Beverage retailers and manufacturers are probably aware of the recent changes made to the South Australian refund scheme that applies to some beverage containers. But does your business know what its new obligations are? Does it comply yet?
05 February 2003
A compliance program is enough to keep us safe - isn't it?
Compliance is not static. Indeed, at the very core of compliance is the idea that the system should be constantly monitored and continually improved.
29 January 2003
A matter of personal responsibility – not just something for the company to take care of
In late 2002, the Federal Court handed down a decision highlighting that the courts and the regulators consider compliance is something for individuals within a company as well as the companies themselves.
20 November 2002
Going to market: Product and Marketing Law Update – November 2002
In this issue of Going to Market, we discuss an interesting new development in trade mark law that will be of interest to any manufacturer who makes products or packaging in distinctive shapes, look at the use of disclaimers and when they will not be enough to prevent advertising being misleading, consider the fine line between inspiration and copying, provide some timely reminders about country of origin claims, and cover some of the latest developments in product and marketing law.
23 January 2002
Food Law Update
This Food Law Update provides a summary of a number of proposals and applications to amend the Food Standards Code. ANZFA have recently released a number of assessment reports for public submissions, and we have given an overview of the topics covered.
29 November 2001
Food Law November 2001
A summary of recent developments in food law including the introduction of stock-in-trade provisions for GM foods, ANZFA's new Food Industry Recall Protocol, new food composition requirements, and a recent court decision.
02 October 2001
Product and Marketing Law Update: Going to Market - October 2001
In this issue of our Product and Marketing Law Update, we discuss the issues concerning country of origin claims, why descriptive 'brands' such as recycling logos cannot be registered as trade marks, and how to protect confidential information such as customer lists. We explain the genetically modified crop segregation project and the new point of sale requirements for tobacco sold in Victoria. We also give you the latest news in food.
23 July 2001
Product and Marketing Law Update: Going to Market - July 2001
In our latest issue of the Product and Marketing Law Update, we explore the increase in maximum penalties for breaches of the Trade Practices consumer protection provisions, the ACCC's crackdown on fine-print disclaimers and illegal GST pricing practices, and an application to irradiate herbs, spices, nuts, seeds and teas. We also look at recent cases before the Federal Court and news flash items.
23 May 2001
Product and Marketing Law Update: Going to Market - May 2001
In our latest issue of the Product and Marketing Law Update, we explore that ACCC investigations can override legal professional privilege and other issues the ACCC has been looking at recently. We also look at how multiple international trade mark registrations can be made easier, as well as news flash items.
