Conomy v Maden

The parties to this proceeding were Conomy (the applicant) and Maden (the respondent). The dispute concerned the respondent's alleged contravention of section 18 of the Australian Consumer Law (ACL), which prohibits misleading or deceptive conduct in trade or commerce. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the respondent's conduct in advertising and selling a particular type of dog food, represented as being "grain-free," constituted misleading or deceptive conduct under section 18 of the ACL. Specifically, the Court had to determine if the representation that the dog food was "grain-free" was factually accurate, and if not, whether this inaccuracy was likely to mislead or deceive consumers.

The Court found that the dog food in question contained a significant proportion of rice, which is a grain. Therefore, the representation that the product was "grain-free" was demonstrably false. Applying the principles established in cases concerning misleading representations, the Court held that a statement that is factually incorrect is likely to mislead or deceive consumers, particularly when it relates to a key attribute of a product that consumers may consider important in their purchasing decisions. The Court concluded that the respondent's conduct contravened section 18 of the ACL.

The Court ordered that the respondent pay the applicant's costs of the proceeding.