ACCC internet sweep uncovers concerning environmental and sustainability claims

The Australian Competition and Consumer Commission (ACCC) has completed its anticipated internet sweep following clear messaging last year that the regulator would crackdown on misleading environmental claims. More than half of the businesses that were subject to the ACCC’s internet sweep in October 2022 were considered to have made concerning misleading claims about their environmental […]

Readmore

Regulatory action for greenwashing is upon us

Last week, the Australian Securities and Investments Commission (ASIC) commenced civil penalty proceedings for alleged greenwashing against Mercer Superannuation (Australia) Limited (Mercer). This is in addition to ASIC having issued penalty notices to at least four companies for alleged greenwashing, since October 2022. Last year, ASIC identified investigating greenwashing and taking enforcement action where greenwashing […]

Readmore

Higher Education Research Commercialisation Intellectual Property Framework – a tool to increase collaboration and partnerships between industry and universities

Most Australians are aware of the strength and quality of our nation’s research sector, particularly in fields such as life sciences and medical research. Never has this been more evident that during the COVID-19 pandemic, when Australians could, quite rightly, be proud of the role that Australians researchers played in the global efforts to develop […]

Readmore

‘Greenwashing erodes consumer trust’ – the ACCC tells business to clean up its act on misleading environmental claims

The ACCC has delivered a clear and strong message to businesses in a speech by its Deputy Clair, Delia Rickard, to The Sydney Morning Herald Sustainability Summit on 20 September 2022 – “Environmental claims and sustainability are a current priority for the ACCC”. The ACCC “won’t hesitate to take enforcement action where we see that […]

Readmore

FMCG Express | September 2022 Edition

In the latest edition of FMCG Express, Partner Breanna Davies and the Gadens team bring you the latest developments in the consumer, retail and hospitality sectors in Australia. In this issue, our team delves into the issues surrounding positive obligations to eliminate sexual harassment in the workplace; risks and solutions when dealing with commercial contracts […]

Readmore

Deadline to apply for Priority Status for .au direct domain names is approaching

You may be aware that the deadline to apply for Priority Status for ‘.au’ direct domain names for your existing key Australian domain names is 20 September 2022. This means that if you have an Australian presence and have held a domain name ending in .au (e.g. ‘gadens.com.au’) prior to 24 March 2022 you may […]

Readmore

Significant increases to Competition and Consumer Law penalties proposed

Last Friday afternoon, Treasury released exposure draft legislation proposing significant increases to the maximum penalties that apply to various contraventions of the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) by companies and individuals. Interested parties will have to be quick with any comments on the proposed changes, because public consultation […]

Readmore

A change in Government may put the brakes on Australia’s support of AI and ADM? Or perhaps not?

The recent change to Australia’s Government will likely see a raft of changes. Of particular interest is whether and to what extent the new Labor Government will embrace artificial intelligence (or AI) and automated decision making (or ADM). You will recall the release of the former Coalition government’s Digital Economy Strategy (Strategy) in Budget 2021-2022. […]

Readmore

Advertising under the influencers and changes to the TGA Code: Are you ready for 1 July 2022?

We are in a transition period in the world of therapeutic goods advertisements (TG Advertisements). Currently, TG Advertisements must comply with either the Therapeutic Goods Advertising Code (No.2) 2018 (Cth) (Former Code) or the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 (Cth) (New Code). The transition period ends on 30 June 2022. A caveat […]

Readmore

Pushing ‘START’ on button battery safety standards – Combating a danger lurking in the household

The new button/coin battery safety standards become mandatory on 22 June 2022. So as a manufacturer, importer, wholesaler or retailer of products that contain button batteries, what do you need to know? Purpose Button batteries are used in a broad range of products around our homes. These include watches, handheld computers and remote controls, key […]

Readmore

FMCG Express | March 2022 Edition

Welcome to the fifth edition of FMCG Express. Overseen by our new Editor, Partner Breanna Davies, Gadens’ team of contributors provide a snapshot of what’s in store for 2022. We are catching up on issues facing our clients and review potential legal developments in the FMCG space: from analysis of proposed changes to the unfair […]

Readmore

How to infringe the Privacy rights of millions of Australians with a few clicks… a cautionary tale by Big Brother and his friends

On 14 October 2021, the Australian Information Commissioner and Privacy Commissioner determined that by using its facial recognition platform to crawl the web to scrape biometric information from various sources on the internet and disclose it through its software, Clearview AI, had breached the privacy rights of millions of Australians.[1] Clearview AI has been described […]

Readmore