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Information for Suppliers of Halogen Lamps

25Nov

Information for Suppliers of Halogen Lamps

Topic: Lighting

The Australian Competition and Consumer Commission (ACCC) has provided the advice in relation to claims made on some halogen lamp packaging regarding energy efficiency comparisons made between halogen lamps and tungsten filament lamps no longer on the market.

 

‘In some circumstances, energy efficiency comparisons made between halogen lamps and tungsten filament lamps which are no longer on the market, may be considered false, misleading or deceptive and in contravention of sections 18 and 29 of the Australian Consumer Law. Whether the representation is false, misleading or deceptive will depend on several factors, including the nature of the specific representation, the appropriateness and validity of the claim made and the overall impression the representation creates to the ordinary consumer.

 

The ACCC has noted some key practices / procedures that may assist businesses to reduce the risk of misleading consumers about the characteristics or quality of a product they are purchasing. These practices are as follows:

  • Ensure that any claims are accurate and can be substantiated, in this regard it is good business practice to retain records that evidences the claim, for example tests undertaken. Vague claims that are open to interpretation are more likely to be misleading than specific representations.
  • Ensure that any comparisons made are made between competing products and are accurate and appropriate.
  • Check that the overall impression is accurate.
  • If you are unsure about the accuracy of a claim / comparison, always err on the side of caution and seek independent legal advice.
  • Review the ACCC’s Advertising and selling guide for further information on businesses’ advertising and selling obligations under the Australian Consumer Law.’

 

If you require further information about this advice, please contact the ACCC Small Business Helpline on 1300 302 021.