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Colin Thompson (ABN 27 120 308 204) is a supplier and retailer of a wide range of tobacco products which it retails directly to consumers through his store within the Darwin CBD. As part of his product range, Mr Thompson sold retail tobacco products. These products are subject to a prescribed consumer product information standards outlined in the Trade Practices (Consumer Product Information Standards)(Tobacco) Regulations 2004. The retail tobacco products supplied by Mr Thompson had an adhesive label affixed to the package which obscured the prescribed consumer product information being that of the Quitline logo and number along with the mandatory graphic and health warning. The ACCC was concerned that the obscuring of these health warnings was not in the public interest as the purpose of this information is to promote quit smoking campaigns and to increase customer knowledge of the health effects of smoking. Following this advice Mr Thompson removed the sticker obscuring the health message from the effected retail tobacco products.

On 22 April 2009, the ACCC accepted the undertaking of Manoj Kumar Patnaik, a director of Toll Holdings Ltd and/or its related bodies corporate. Under the undertaking Manoj Kumar Patnaik agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano. In addition, Manoj Kumar Patnaik must immediately resign from all positions within Toll, and take no further part in the company if he ceases to meet the requisite standards of independence. The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006.

Kogan Technologies Pty Ltd (Kogan) is an online retailer of Kogan branded home entertainment products through its website, www.kogan.com.au. In November 2008, Kogan, through its website and an advertisement in the Herald Sun (Melbourne) made representations to the effect that various Kogan products were 'Now only $X (Save Y%)' and consumers could 'Save over $X' on several Kogan products. The ACCC raised concerns that these savings were not genuine as Kogan had never previously advertised or sold these products at the higher non-sale price.

During June 2007 to February 2009 M2 Telecommunications represented on its Simply Mobiles website to the effect that: M2 Telecommunications was not required to provide refunds and mobile phone manufacturers were responsible for all warranty claims on mobile phones sold through the Simply Mobiles website.  The ACCC was concerned that the warranty representations may have misled consumers because express warranties offered by mobile phone manufacturers are in addition to, and not in the place of, the statutory rights available to consumers under the Act.  These statutory rights entitle consumers to a refund from a retailer in certain circumstances and cannot be excluded; preconfigured software will not have an impact on a customer’s ability to use the mobile phone on any other compatible Australian mobile network.  The ACCC was concerned that the preconfigured software representations may have misled consumers because the existence of preconfigured software does or could have such an impact in certain circumstances; and certain mobile phones sold through the Simply Mobiles website were compatible with all Australian 3G networks.  The ACCC was concerned that the network representations may have misled consumers because  those mobile phones were not compatible with Telstra's NextG network. M2 Telecommunications has acknowledged the ACCC’s concerns that consumers may have been misled and deceived by the representations in contravention of sections 52, 53(c) and 53(g) of the Act. M2 Telecommunications has offered the ACCC a section 87B undertaking that it will: not make similar representations in the future; offer affected consumers redress in the form of replacement mobile phones or refunds; publish a corrective notice on its website; publish an information article in a telecommunications industry journal; and review and maintain its Trade Practices Compliance Program.

Coast to Coast Imports Pty Ltd is an importer and wholesaler of consumer products and supplies to retail outlets throughout Australia. In October 2008, as part of marketplace monitoring, ACCC staff purchased a packet of elastic luggage straps (“6 Pce Stretch Cord 12’18’24) from a retail outlet located in Perth.