2017 Australian Consumer Law Review

Key takeaways that every business should know Consumer Affairs Australia and New Zealand (CAANZ) has undertaken the first review of the ACL since its inception in 2011 and has released its final report. Herbert Smith Freehills have summarised below the key legislative proposals that all businesses should be aware of. Read more

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 the long-standing practice for negotiated outcomes with regulators including the Australian Competition and Consumer Commission … Read more

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 imposes obligations on all franchise agreements entered into, renewed, extended or transferred on or after … Read more

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 broader review of Australia’s regulation of medicines and medical devices, which focuses on the Therapeutic … Read more

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. Read more

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 stars to indicate the nutritional quality of the product. Read more

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, processing aids colouring, additives, vitamins and minerals. FSANZ is also responsible for some labelling requirements … Read more