Businesses should be aware that the Trade Practices Act contains a general prohibition against conduct that misleads or deceives or is likely to mislead or deceive. It also contains specific prohibitions against the making of certain false or misleading representations. A representation includes any labelling that makes a statement, claim or implication about goods.
Labels are used by businesses to convey information about products, to promote features of products that may be attractive to the consumer or to describe contents that the consumer can't see. In some circumstances, the law requires that labels be used to convey information to consumers. Examples include the mandatory consumer product information standards under the Trade Practices Act, industry specific regulations such as the Food Standards Code, and labels required by Customs for some imported products under the Commerce (Trade Descriptions) Act.
Retail packages of tobacco products must be labelled with specific health warnings and graphics and explanatory statements about the effects of tobacco smoking.
