ACCC obtains interim orders against Aboriginal-Style souvenir dealer

The Australian Competition and Consumer Commission has obtained interim orders today in the Federal Court, Brisbane restraining Australian Icon Products Pty Ltd until trial from describing or referring to its range of hand painted or hand carved Indigenous oriented souvenirs as “Aboriginal art” or “Authentic” unless it reasonably believes that the artwork or souvenir was painted or carved by a person of Aboriginal descent.

The orders, which were by consent, included an order requiring Australian Icon to send a letter to its retail customers and to post that letter on its web site correcting those representations.

One of Australia’s largest manufacturers of Aboriginal-style souvenirs, Australian Icon claims to supply over 1700 retailers nationally and export to 38 countries around the world.

The ACCC instituted proceedings alleging that Australian Icon represented that some of its hand painted Aboriginal-style souvenirs were "authentic", "certified authentic" and/or "Australian Aboriginal art". The ACCC alleges that these representations were likely to mislead because the majority of Australian Icon’s pool of artists who produced the souvenirs were not Aboriginal or of Aboriginal descent.

It is further alleged that a statement by Australian Icon on its website that the pool of artists who paint these souvenirs are "Australian, Aboriginal by descent or Aboriginal" is in itself misleading.

The ACCC's allegations do not apply to souvenirs that Australian Icon purchases or produces as final products from Indigenous artists.

The ACCC is also seeking final orders that include

• declarations that the alleged conduct breaches the misleading or deceptive conduct provisions of the Act;
• permanent injunctions restraining Australian Icon from engaging in similar conduct in the future;
• further corrective notices to be sent to retailers and displayed on Australian Icon's website;
• a community service order requiring Australian Icon to supply public notices to retailers alerting customers that they should read the labels carefully as they should not assume products featuring Aboriginal designs are designed or made by Aboriginal people unless the label clearly says so; and
• the implementation of a trade practices compliance program.

The matter has been set down for further directions on 23 May 2003.