There can be a fine line between ‘mere puff’ and conduct that could mislead or deceive consumers. The latter is against the law.

Images and content that placed on packaging, websites and other promotional and marketing material is regulated under the Australian Consumer Law. This law is jointly administered and enforced by the Australian Competition and Consumer Commission and the State and Territory consumer protection agencies. In certain cases, the Australian Securities and Investment Commission may also be involved.

Our firm provides advice in all aspects of consumer law including online material, advertising copy review, comparative advertising, misleading or deceptive conduct and unauthorised use of personalities. We understand the need for your product to go to market quickly and can provide legal advice within tight deadlines.

We are able to provide legal advice in the following areas:

• Character merchandising laws
• Advertising copy review
• Comparative advertising
• Use of endorsements and sponsorships
• Model releases
• Photography and the limits on photographing public places
• The law of misleading or deceptive conduct
• The law of passing off
• Online marketing and domain name matters
• Copyright considerations – to what extent can you protect an idea or concept?
• The importance of compliance programs
• Name, address, weights and measurements labelling