South Australia shakes up ‘game of chance’ trade promotion regulations
The South Australian Government has now completed an extensive review of its Lottery and Gaming Regulations 2008 (SA). It has issued a draft of the proposed Lotteries Regulations 2021 (SA) for comment. These would replace the existing regulations in December this year. The upshot: incremental improvements While the Lotteries Regulations would introduce some small improvements, […]
ReadmoreCOVID-19 | TGA updates guidance for advertising of COVID-19 vaccines to Australian public
In February 2021, we provided an update on the guidance issued by the Therapeutic Goods Administration (TGA) regarding the advertising of COVID-19 vaccines to the Australian public. That update is available here: COVID-19 | TGA issues guidance for advertising of COVID-19 vaccines to Australian public. Under the previous guidance, advertisers were restricted to republishing materials […]
ReadmoreFMCG Express | May 2021 Edition
2021 certainly started with a bang; we are seeing a significant boost in appetite for advice right across our FMCG client base, including a lot of M&A activity, and we are excited to see how the year ahead unfolds. In the May 2021 edition of FMCG Express, editor Hazel McDwyer and the Gadens team provide […]
ReadmoreTrade Promotions update | ‘Gift with Purchase’ offers in South Australia
We have some exciting news about changes to ‘Gift with Purchase’ trade promotions in South Australia. Read our full update below: If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here. Authored by: David Smith, Partner Jessica Bell, Paralegal +61 3 9252 7701 | jessica.bell@gadens.com Sonja Muzoska, […]
ReadmoreThe expansion of statutory unconscionable conduct risk in commercial transactions
Where a statute proscribes unconscionable conduct in business, a company can be liable whether or not the person to whom the allegedly unconscionable conduct is directed is vulnerable or at a special disadvantage. In ACCC v Quantum Housing Group Pty Ltd, handed down on 19 March 2021, the Full Federal Court placed the focus in […]
ReadmoreCOVID-19 | Medicines dispensing emergency measures extended
At the commencement of the COVID-19 pandemic, the Australian Government introduced a range of measures to take the pressure off Australia’s health care system, such as the introduction of TeleHealth and E-Prescribing. Another measure was to extend the Continued Dispensing rules to enable pharmacists to supply medicines without prescription to certain patients. These emergency measures […]
ReadmoreCOVID-19 | TGA issues guidance for advertising of COVID-19 vaccines to Australian public
The roll out of the COVID-19 vaccine in Australia this week brings both excitement and questions about how healthcare services may advertise or promote the vaccines to the general public. The Therapeutic Goods Administration (TGA) has issued guidance to enable vaccine providers, and the broader healthcare sector, to confidently navigate a highly regulated environment, whilst balancing […]
ReadmoreACCC seeks ban on unfair trading practices
On 10 December 2020 the Australian Competition and Consumer Commission (the ACCC) released its Perishable Agricultural Goods Inquiry Report (the Report). Purpose of the inquiry The ACCC’s inquiry into markets for the supply of perishable agricultural goods was conducted at the direction of the Commonwealth Treasurer, the Hon. Josh Frydenberg MP. The ACCC conducted a […]
ReadmoreKraft v Bega – Key intellectual property and contractual takeaways for transactions
Since our coverage of the Kraft vs. Bega battle in our September 2019 edition of FMCG Express, the battle between food giants Bega and Kraft made it all the way to the High Court of Australia! The High Court recently refused special leave to appeal by Kraft, ultimately ruling in favour of Bega and upholding […]
ReadmoreTrade Promotions Update | Trans-Tasman Trade Promotions
Running a trade promotion in both Australia and New Zealand is certainly possible, but there are some key points to consider. Read the full article below, authored in partnership with Auckland based law firm Hudson Gavin Martin. Authored by: David Smith, Partner Jessica Bell, Paralegal Cassandra Cox, Paralegal Jade Lamb, Paralegal Jason Rudkin-Binks, Partner, […]
ReadmoreHigh Court adopts Exhaustion Doctrine for patent products, jettisoning the ‘implied licence doctrine’ in Australia
On 12 November 2020 the High Court delivered its much anticipated decision in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA (Calidad v Seiko). This decision is about patent rights and the extent to which they apply following the first sale of patented goods to a purchaser. When a patented product is first sold, […]
ReadmoreThe penalty for a cause marketing misstep: Oscar Wylee update
The market for socially-conscious consumers who are looking to use their buying power ethically and in support of socially responsible causes is growing rapidly. This presents opportunities for businesses to engage with their customers in new ways. However, the Australian Competition and Consumer Commission (ACCC) is well aware and is looking closely at potentially misleading […]
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