Australia

Food product and safety regulation

Advertising claims (general)

Australian state and territory food legislation contain provisions which, in general terms,
make it an offence to pack, label or advertise a food in a manner that is false,
misleading or deceptive (e.g. sections 15 and 18 of the Food Act 2003 NSW). In
addition, the Australian Consumer Law (ACL) contains a number of provisions that
regulate advertising claims for foods, most notably:

s18 prohibits a person, including a corporation, from engaging in misleading or

deceptive conduct, or conduct that is likely to mislead or deceive;
s29 prohibits a person, including a corporation, from making certain false or
misleading representations in connection with the supply or possible supply of goods
or services or in connection with the promotion by any means of the supply or use of
goods or services; and
s33 prohibits a person, including a corporation, from engaging in conduct that is
liable to mislead the public as to the nature, manufacturing process, the
characteristics, the suitability for their purpose or the quantity of any goods.

Examples of misleading conduct or representations in relation to food includes:

stating that a food has been made in one country or place when in fact it has been
made elsewhere;
stating that a food has a particular certification or endorsement when it does not;
representing (whether through names or images) that a food contains certain
ingredients when it does not.