Australia: Advertising, Marketing & Branding

The Full Federal Court of Australia has handed down its appeal decision in Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103 which provides guidance regarding the application of copyright infringement principles to the packaging of look-alike products.

The Australian Privacy Commissioner has determined that Monash IVF and a telehealth company have interfered with the privacy of website visitors via tracking pixels, without obtaining end-user consent.

In its judgement delivered on 14 May 2026, the Federal Court has found that Coles engaged in misleading conduct in relation to its long-running “Down Down” promotion, accepting the ACCC’s case that many advertised discounts were not genuine. The Court held that 13 of the 14 sample “Down Down” tickets examined in the hearing conveyed false or misleading price discount representations because the stated “was” price had not applied for a reasonable period before the promotion.

On 3 December 2025, ASIC released an updated Regulatory Guide 168, Product Disclosure Statements: Disclosure and other obligations (RG 168).

Effective 10 December 2025, Australia will implement a world-first age restriction governing social media use. The new law applies not only to domestic platforms but also to international platforms serving Australian users.

ASIC alleges that Choosi misled customers through its comparison services in contravention of sections 12DB and 12DF of the ASIC Act 2001.

The Australian Government released today its long-awaited response to the Attorney-General's Department Privacy Act Review Report 2022.

New guidelines aim to raise the standards of cosmetic surgery procedures and safeguard the well-being of patients.

Trademark registration ensures exclusivity and protection and is a foundation for future growth and expansion.