Marketing
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Chapter 10: Advertising
Australian Consumer Law (trades practices 1974)
- S18: the right conduct= prohibits misleading and deceptive conduct
- remedies: injunctions, damages and corrective advertising
ELEMENTS of S18 1. who is a ‘person’ 2. must be in trade or commerce ( an employee, private seller, misleading advertisement) 3. misleading and deceptive? (lead into error, usually involves misrepresentation) 4. Threshold * * TEST 1. identify audience * - who is it intended for? * - those people that it is likely to influence (Hansen beverage company v bickfords 2008) * - the ‘relevant’ section of public * - will be judged on a number of things such as the product involved, price, type of person who regularly buys * 2. What impression is being conveyed to the relevant target audience? * whether the conduct should be judged against any member of the relevant audience or whether some people should be excluded * the impression is what any reasonable member of the relevant section or ordinary person thinks * cases; pexu,lego, taco bill * 3. impression true or false? * once it has determined what the relevant conduct means to the relevant audience it is a matter of assessing whther the message or impression conveyed to the relevant section if people is true or false * if false= breach of s18 * * examples: * - Opinions and exaggerations * - If there is a basis for it * - It is honestly held * - Expressed as an opinion of an expert * - Opinion supported by facts * - But puffery excluded * - Predictions * - Silence * - Scientific claims * - Comparative advertising * - Country of origin claims * - Using celebrities to promote products * - Sponsorship and ambush marketing * * ** talk about other Sections: * * S29: False + misleading representation (S151 criminal provision) * 29(1)(a)/(b) –
Chapter 10: Advertising
Australian Consumer Law (trades practices 1974)
- S18: the right conduct= prohibits misleading and deceptive conduct
- remedies: injunctions, damages and corrective advertising
ELEMENTS of S18 1. who is a ‘person’ 2. must be in trade or commerce ( an employee, private seller, misleading advertisement) 3. misleading and deceptive? (lead into error, usually involves misrepresentation) 4. Threshold * * TEST 1. identify audience * - who is it intended for? * - those people that it is likely to influence (Hansen beverage company v bickfords 2008) * - the ‘relevant’ section of public * - will be judged on a number of things such as the product involved, price, type of person who regularly buys * 2. What impression is being conveyed to the relevant target audience? * whether the conduct should be judged against any member of the relevant audience or whether some people should be excluded * the impression is what any reasonable member of the relevant section or ordinary person thinks * cases; pexu,lego, taco bill * 3. impression true or false? * once it has determined what the relevant conduct means to the relevant audience it is a matter of assessing whther the message or impression conveyed to the relevant section if people is true or false * if false= breach of s18 * * examples: * - Opinions and exaggerations * - If there is a basis for it * - It is honestly held * - Expressed as an opinion of an expert * - Opinion supported by facts * - But puffery excluded * - Predictions * - Silence * - Scientific claims * - Comparative advertising * - Country of origin claims * - Using celebrities to promote products * - Sponsorship and ambush marketing * * ** talk about other Sections: * * S29: False + misleading representation (S151 criminal provision) * 29(1)(a)/(b) –