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From around January 2001 until August 2003, Daikin Australia Pty Ltd, a company which imports and distributes airconditioning units, made the following representations in brochures distributed to its sales agents and on its website:
the hydrofluorocarbon (HFC) refrigerants HFC–407C and HFC–134a are environmentally friendly
certain Daikin airconditioning units using the HFC refrigerants HFC–407C and HFC–134a are environmentally friendly
the use by consumers of certain Daikin airconditioning units which use HFC–407C and HFC–134a will be beneficial to the environment or at worst be benign so far as its environmental impact is concerned and
the use by consumers of certain Daikin airconditioning units which use HFC–407C and HFC–134a will prevent or at least not contribute to global warming
(together the Representations).
Following receipt of expert scientific advice, the ACCC considered that the above Representations were misleading in contravention of ss.