DUA

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

The primary legal issue before the court was whether the respondent's conduct in marketing and selling its "Super-Sized" product was misleading or deceptive, thereby contravening s 18 of the ACL. Specifically, the court had to determine if the representation that the product was "Super-Sized" conveyed a false impression to consumers regarding its size or quantity.

Foster J reasoned that the ordinary reasonable consumer, when encountering the term "Super-Sized" in the context of the product's packaging and marketing, would likely infer that the product contained a significantly larger quantity than a standard offering. The court found that the respondent's product did not, in fact, contain a substantially greater quantity, and therefore the representation was misleading. The judge applied the established legal principles for assessing misleading or deceptive conduct under the ACL, focusing on the likely impression created on the target audience.

The court found that the respondent had contravened s 18 of the ACL and made orders accordingly.