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The Ad Standards community panel has upheld a complaint against the alcoholic product ‘Gee Up’ for its promotion of bing...
20/04/2023

The Ad Standards community panel has upheld a complaint against the alcoholic product ‘Gee Up’ for its promotion of binge drinking. The video which was re-posted on Gee Up’s Instagram stories (account ) depicted a man drinking a bottle of Gee Up through a snorkel in a matter of seconds. The advertiser provided a detailed response to the complaint signalling their endeavour to ensure responsible drinking is upheld and harmful consumption of alcohol is eradicated. In their analysis of the advertisement, the Community Panel discussed that the video depicted a man only consuming one alcoholic beverage, a quantity which itself is not in excess of alcohol consumption guidelines. However, it was the dominant impression that the advertisement promoted (i.e. consuming alcohol at such a rapid rate) that was the issue.

This case is a reminder to advertisers and businesses to be aware of the impression advertisements create and what the majority of community’s opinion would be as to what is considered safe and unsafe behaviour.

If you ever require assistance with your advertisements or promotional material, feel free to reach out to us via our website at www.vonmlegal.com.

Spirit brand Jack Daniel’s has appealed a 2020 Circuit Court of Appeals ruling to the US Supreme Court against toy manuf...
24/03/2023

Spirit brand Jack Daniel’s has appealed a 2020 Circuit Court of Appeals ruling to the US Supreme Court against toy manufacturer, VIP Products, for creating lookalike dog toys to their iconic “Old No. 7 Tennessee Sour Mash Whiskey”. The case centres on the Lenham Act, prohibiting the use of a trademark which can cause customer confusion and the US Constitution’s first amendment that protects parody and satire as aspects of freedom of speech. The dog toy mimics the Jack Daniel’s Label reading “Old No. 2 on your Tennessee Carpet” with VIP Products claiming the toy is an obvious parody and should be protected under free speech. However, Jack Daniel's Attorney Lisa Blatt claimed that the toy ‘confuses and associates its fine whiskey with dog poop’. Nike, Campbell Soup Company, Patagonia and Levi Strauss alongside the Biden Administration’s US Solicitor General were amongst those encouraging the Justices to side with Jack Daniel’s in the proceeding. This case is currently being held in the Supreme Court with a judgement likely to be handed down in June.

If you are unsure about Australia’s position on these issues, contact us at https://www.vonmuensterlegal.com/

$53,280 in penalties have been paid by ING Bank (Australia) Limited for allegedly failing to comply with Consumer Data R...
17/02/2023

$53,280 in penalties have been paid by ING Bank (Australia) Limited for allegedly failing to comply with Consumer Data Right (CDR) Rules and making false and misleading representations to consumers.

The ACCC highlights that ING Bank was unable to facilitate certain consumer data sharing because consumer data requests were not received. As a result, the bank denied its customers the full benefits of the program.

ACCC commissioner Peter Crone states that “Allowing consumers to share CDR data including those relating to financial management and comparison tools is important given the current cost of living pressures and rising interest rates.”

If you feel that a corporation has mislead you as a consumer, do not hesitate to contact [email protected] for a consultation.

Bloomex, the online florist and gift retailer, has been subject to Federal Court proceedings by the ACCC for allegedly p...
09/02/2023

Bloomex, the online florist and gift retailer, has been subject to Federal Court proceedings by the ACCC for allegedly publishing misleading online star ratings and price representations.

Since 2019, Bloomex has displayed ratings out of 5 on their website stating that they were based on customer reviews. The ACCC alleges that no customer feedback had been incorporated into the ratings by Bloomex since at least 2015. Bloomex has also mislead customers on price guides with products on their website displaying two prices, with a higher ‘strikethrough’ price and a cheaper price. It is well established that the higher price that was struck out for a certain product must have been offered at that price for a reasonable time before the lower price was displayed.

Court proceedings are still taking place, and this is an example of ACCC’s heavy focus on misleading and deceptive online advertising to expose companies for breaches of the Australian Consumer Law.

If you feel that you have been subject to deceptive or misleading conduct, contact [email protected] for a consultation.

Uber, the rideshare company, has been ordered to pay a $21m penalty by the Federal Court in proceedings brought by the A...
06/02/2023

Uber, the rideshare company, has been ordered to pay a $21m penalty by the Federal Court in proceedings brought by the ACCC for engaging in misleading and deceptive conduct.

Uber breached the Australian Consumer Law by making false representations to their customers over cancellation messages and costs of Uber Taxi rides.

As a consequence, in accordance with ACCC recommendations, Uber has to now implement a compliance program to ensure that further deceptive conduct does not occur as well as pay the costs of the penalty imposed.

If you feel that a company has exposed you to deceptive or misleading conduct, contact [email protected] for a consultation.

In their crack down on misleading and deceptive conduct of influencers, the ACCC has published a media release updating ...
27/01/2023

In their crack down on misleading and deceptive conduct of influencers, the ACCC has published a media release updating the public on the response to their social media sweep. Following the ACCCs Facebook post on January 16th (see our previous post for an overview of its content), they received over 150 tip-offs from the public mentioning 100 influencers regarding misleading testimonials and endorsements. As stated by ACCC Chair Gina Cass-Gottlieb, this number reflects the community concern of ‘manipulative marketing techniques on social media’.

The ACCCs sixth interim report of the ACCCs Digital Platform Service Inquiry will be published on 31st March detailing, amongst other things, the use and abuse of social media services for scams and misleading or deceptive content.

The ACCC have released a call out asking the public to direct message their media channels if they believe they have see...
24/01/2023

The ACCC have released a call out asking the public to direct message their media channels if they believe they have seen an influencer engaging in misleading or deceptive conduct. This includes conduct such as an influencer not disclosing that a post is an ad or making incorrect statements which is likely to create a false impression. Over the past year in particular, there has been a growing trend by the ACCC to monitor more closely the actions of influencers, ensuring they are not releasing content which equates to misleading or deceptive conduct. This has been backed by the ACCCs Priorities for 2022/23 which have included the enforcement and compliance of activities which distort or disregard consumer choice in the digital sphere.

If you are ever concerned with misleading or deceptive advertising, contact us at [email protected] for a consultation.

Celebrating and reminiscing a great year of achievement together 🍾✨Our team wishes you all Happy Holidays 🎄 We hope you ...
19/12/2022

Celebrating and reminiscing a great year of achievement together 🍾✨

Our team wishes you all Happy Holidays 🎄 We hope you have a great break and time with your friends and family! Our office will be shut from Thursday 22nd December to Monday 9th January 🥂

Major gambling company Sportsbet, has recently been involved in a complaint received by Ad Standards concerning their ‘S...
08/12/2022

Major gambling company Sportsbet, has recently been involved in a complaint received by Ad Standards concerning their ‘Savers Video’, released on Tiktok for the advertisement of the recent Spring Racing Carnival. The complaint entailed that the man in the Sportsbet advertisement was depicted as a school aged person wearing school uniform which made the ad extremely inappropriate given that the attire of the man was targeting minors and normalising betting. Whilst it was found that this advertisement did not breach any section of the Wagering Code administered by Ad Standards, it is important to be aware of dangerous advertisements that can pose a risk to certain groups of people.

If you are ever concerned with dangerous advertising, contact us at [email protected] for a consultation.

Fast food brand Guzman y Gomez released an advertisement published on Facebook, TikTok and YouTube promoting “GYG MINIS”...
05/12/2022

Fast food brand Guzman y Gomez released an advertisement published on Facebook, TikTok and YouTube promoting “GYG MINIS” with the slogan, “From $8.70… Cheaper than cooking at home.” A complaint was raised with issues against the AANA Food and Beverages Advertising Code that the company’s content in the advertisement was likely to mislead or deceive because they suggested that advertised food was cheaper than making a healthy meal at home. Ad Standards dismissed the complaint given that Guzman y Gomez provided a detailed outline prices of individual food prices and indicated that the advertisement was only directed to a target audience of food consumers.

If you feel that you have been mislead or deceived by false advertising, contact [email protected] for a consultation.

Excited to be judging the 2022 .org.au awards! Looking forward to seeing everyone’s incredible talent and celebrating th...
14/11/2022

Excited to be judging the 2022 .org.au awards! Looking forward to seeing everyone’s incredible talent and celebrating the winners early next year

Dell Australia has had Federal Court proceedings instituted against them by the ACCC for making false or misleading repr...
14/11/2022

Dell Australia has had Federal Court proceedings instituted against them by the ACCC for making false or misleading representations regarding the price of monitors as add on’s when purchasing Dell Computers. When a customer selected a Dell laptop, desktop, or notebook on the Dell website, they were offered to add a monitor to their purchase at the check-out stage with a strikethrough price to represent significant savings. The ACCC has found that the strikethrough price was not the price the monitors were sold for and in some cases was more expensive than the price the monitor would be if bought alone. Given this occurred between 2019 and 2021, whilst many individuals and families were in lockdown, many purchased electronic equipment to work from home and the amount of individuals impacted is unknown.

If you are ever concerned with false or misleading advertising, contact us at [email protected] for a consultation.

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