Tertiary education program

Cases of misleading or deceptive conduct

The law against misleading or deceptive conduct applies to all forms of advertising.

Case studies:

The following advertisements were held to contravene section 18 of the ACL:

  1. An advertisement represented that a mobile telephone could be bought for $0 when the telephone could only be purchased if bundled with a telephone service for which there was a substantial charge.
    See: ACCC v Telstra Corporation Ltd [2004] FCA 987.

  2. An advertisement represented that a new ingredient in a brand of toothpaste reduced tooth decay, when there was no scientific evidence to prove that this was true.
    See: Colgate-Palmolive Pty Ltd v Rexona Pty Ltd [1981] FCA 146.