Free Sale AdvertisingComplimentary sales promotion
Wrong or Deceptive Testimony | ACCC
Every message that represents your goods or service should be truthful, precise and provable. Whether or not a wrong or deceptive testimony was intended is irrelevant. For a company, it is unlawful to make claims that are wrong or may give a wrong appearance. These include ads or messages in all types of medium (print, broadcast, TV, social media and online) or on packaged goods, as well as any message from a individual who represents your company.
Your company may not, for example, make incorrect or deceptive statements about the product or service qualities, value, prices, ages or performance or any related warranties or conditions. The use of falsified certificates or the "misdemeanour" (as another company) is also unlawful. In determining whether behaviour is likely to cause confusion or deception, account shall be taken of whether the overall effect of the behaviour is incorrect or imprecise.
An ad, for example, states that a service is "free", but the small imprint indicates that a fee must be paid. When your company needs to validate its ads, make sure the validating claims are clear so the consumer knows what the actual offering is. Compare advertising can be used to enhance the supremacy of your goods or service over your competition, as long as it is correct.
Comparisons may be based on pricing, product features, reach or volumes. Lure advertising is the illicit advertising practise for specified prizes (usually retail prices) for goods that are not available or are only available in very restricted amounts (if this threshold is not clearly indicated).
They should only sell goods or provide goods or a service at a "special price" if they are available in appropriate amounts for a reasonably long term, unless you clearly state that the goods are in short supply or for sale for a reasonably long term. According to the Australia Consumer Act, it is unlawful to provide incorrect or deceptive information about the originating countries of goods.
Award entitlements may indicate that a given food item is safe ("non-toxic"), provides ethical or societal benefits ("free-range eggs") or provides nutritive value ("fat-free"). Also, a demand for premiums can advertise a certain type of good as a perception of what constitutes a certain level of consumer satisfaction ("Swiss chocolate" or "Belgian beer"). Assertions that give the appearance that a particular item or one of its characteristics has an added value in comparison with similar items and inputs may be made as long as the assertions are not deceptive and can be justified.
When your company gives away free articles or prices as a promotion, you must not deceive your public about the articles offered or the odds of getting them. Puffery " is a phrase used to describe fiercely excessive or unclear allegations about a certain type of products or services that no one could take seriously.
As an example, a local restaurateur says that there are "the best beefs in the world". This type of statement is not deemed to be deceptive. If you present information about a product or service to your customer, make sure that you are ready to prove it. Not: Provide goods or a service without a proper foundation to believe that you can provide it.