False Advertising & Pricing Lawyers — s 29 ACL · s 48 ACL — All States
False Advertising & Pricing Lawyers — False Claims. Misleading Prices. Civil Penalties Up to $50 Million.
Section 29 ACL prohibits false or misleading representations about goods and services — including false claims about price, quality, country of origin, and testimonials. Section 48 ACL prohibits bait advertising and misleading pricing. Civil penalties can reach $50 million per contravention for corporations. A consumer law lawyer advises consumers who have been misled by false advertising and businesses facing compliance issues or ACCC investigation.
⚠ Civil penalties for false or misleading representations under s 29 ACL can reach $50 million per contravention. The ACCC prioritises false advertising in pricing, environmental claims, and online reviews. Get ACL compliance advice now.
False Advertising Law
Section 29 ACL — prohibited false or misleading representations
Section 29(1) ACL specifically prohibits false or misleading representations about: (a) the standard, quality, value, grade, composition, style, model or history of goods; (b) the standard, quality, value or grade of services; (c) the price of goods or services; (d) the availability of facilities for repair or spare parts; (e) any testimonial by any person relating to goods or services; (f) any guarantee, right or remedy available to the consumer; (g) the place of origin of goods; (h) that goods are new; (i) that a person has a sponsorship, approval, or affiliation; and (j) various other specific representations. Section 29 is a specific prohibition on top of the general prohibition in s 18 ACL — a breach of s 29 is also a breach of s 18.
Section 48 ACL deals with misleading pricing: (1) a person must not, in trade or commerce, in connection with the supply or possible supply of goods or services, engage in conduct that is liable to mislead persons about the price of those goods or services; and (2) a person must not advertise at a specified price goods or services that are not available at that price in reasonable quantities for a reasonable period (bait advertising). Common breaches of s 48 include: advertising a "was/now" price where the "was" price was never the genuine selling price; drip pricing — advertising a base price and adding mandatory fees and charges at the checkout; and bait advertising — advertising limited stock goods at an attractive price to lure consumers into the store, then steering them to more expensive alternatives.
Country of origin claims (ss 255–257 ACL) are specifically regulated — goods may only be described as "Made in Australia" if they were substantially transformed in Australia and at least 50% of the cost of production was incurred in Australia. "Product of Australia" requires that all significant ingredients or components are of Australian origin and all major production occurred in Australia. The ACCC actively enforces country of origin claims, particularly for food products.
Greenwashing — making false or misleading environmental claims about products or business practices — is an emerging priority for both the ACCC and ASIC. Claims about carbon neutrality, sustainability, and environmental benefits must be accurate, substantiated, and not create a misleading overall impression.
False Advertising Matters
False advertising and pricing matters we handle
Was/now pricing complaints
Challenging retailers who use false "was" prices in discount advertising — where the "was" price was not the genuine regular price or was only offered for a brief or nominal period.
Drip pricing enforcement
Challenging suppliers who advertise a base price and add mandatory fees and charges at the checkout — without clearly disclosing the total price, contrary to s 48 ACL.
False testimonials and reviews
Advising businesses on the ACL requirements for testimonials and reviews — including the prohibition on fake reviews, paid endorsements that are not disclosed, and testimonials by people who have not used the product.
Country of origin misrepresentation
Challenging false country of origin claims — "Made in Australia" products that were manufactured overseas, or food products labelled with Australian imagery that do not meet the ACL country of origin requirements.
Greenwashing claims
Advising businesses on the ACL requirements for environmental claims — and advising consumers or competitors who have been misled by false sustainability or environmental claims.
Online advertising compliance
Advising businesses on ACL compliance for online advertising — including social media advertising, influencer marketing, sponsored content disclosure, and the use of "limited time" and "limited stock" claims.
Frequently Asked Questions
False advertising and pricing questions answered
Is drip pricing illegal under the ACL?
Drip pricing — advertising a base price and adding mandatory fees at checkout — is regulated under both s 48 ACL (misleading pricing) and s 29(1)(i) ACL (misleading representation about price). The ACCC has taken action against airlines, ticketing companies, and online retailers for drip pricing. Mandatory fees not included in the advertised price (booking fees, credit card surcharges, service fees) may constitute misleading pricing conduct. Total price (including all mandatory fees) must be clearly disclosed upfront.
When does a 'Made in Australia' claim comply with the ACL?
Under ss 255–257 ACL: goods may be described as "Made in Australia" only if (1) the goods were substantially transformed in Australia (a fundamental change in nature or character as a result of production) and (2) at least 50% of the total cost of production was incurred in Australia. "Product of Australia" requires that all significant ingredients or components are of Australian origin AND all major production occurred in Australia.
Can a business make environmental or sustainability claims without ACL risk?
Yes — if claims are accurate, substantiated, and do not create a false or misleading overall impression. Key principles from the ACCC's Greenwashing Guidance: claims must be based on reliable evidence; offsetting arrangements for carbon neutrality must be disclosed; "natural" claims must accurately describe the product; and comparisons must fairly represent the comparison. Businesses should obtain independent verification and document supporting evidence before making environmental claims.