Australia

Federal Court delivers a blow to agreed outcomes in civil penalty proceedings

The recent decision of the Full Court of the Federal Court of Australia in FWBC v CFMEU has significant implications for regulators and respondents seeking to agree on a penalty in civil penalty proceedings. The decision is likely to alter … Continue reading

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Filed under Australia, Product safety

The Franchising Code of Conduct – One of the ACCC’s strategic compliance and enforcement priorities in 2015

On 1 January 2015, the new Franchising Code of Conduct (Franchising Code) (see http://www.comlaw.gov.au/Details/F2014L01472) commenced operation in Australia. The Franchising Code is a mandatory code under the Competition and Consumer Act 2010 (Cth). Subject to limited exceptions, the Franchising Code … Continue reading

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Australian complementary medicines review: have your say

On 20 January 2015, the Department of Health announced that it is calling for submissions in relation to its review of the regulation of complementary medicines. The review is being undertaken by an expert panel and forms part of a … Continue reading

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Filed under Australia, Pharmaceuticals and Healthcare

ACCC v Pfizer – some guidance to pharmaceutical companies on navigating competition risk

The Federal Court of Australia has recently dismissed the ACCC’s case against pharmaceutical company Pfizer. The ACCC alleged that Pfizer had misused its market power and engaged in prohibited anti-competitive exclusive dealing. Continue reading

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Filed under Australia, Pharmaceuticals and Healthcare

Australia: Country of origin claims: ACCC guidelines

Businesses that make country of origin claims in marketing their products in Australia should consult the ‘Country of Origin claims and the Australian Consumer Law’ guidelines published by the Australian Competition and Consumer Commission (ACCC) in April 2014.

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Filed under Australia, Fast Moving Consumer Goods, Food & Beverages, Retail

Challenges of advertising functional foods in Australia

Australia’s health rating system On the 27 June 2014, state and territory governments confirmed that Australia will introduce a voluntary 5 star health rating system on food labels. The system requires manufacturers to display a ranking between 1 and 5 … Continue reading

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Filed under Australia, Food & Beverages

Australia – a new recall protocol for the food industry

Food Standards Australia New Zealand (FSANZ) is an independent statutory body established by the Food Standards Australia New Zealand Act 1991 (Cth). FSANZ develops standards that regulate the food industry in Australia and New Zealand, such as use of ingredients, … Continue reading

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Filed under Australia, Food & Beverages, Product recall

New focus on consumer products for Australian regulator of competition and consumer law

In Australia the main regulator of consumer law is the Australian Competition and Consumer Commission (ACCC). In 2010 the enforcement powers of the ACCC were significantly strengthened with the intention of enabling the ACCC to provide a more responsive national … Continue reading

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Filed under Australia, Fast Moving Consumer Goods, Retail