Hurley v McDonald's Aust

The High Court of Australia heard an appeal in *Hurley v McDonald's Australia*, concerning a dispute between the appellant, Mr Hurley, and the respondent, McDonald's Australia. The case involved allegations of misleading and deceptive conduct under the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)).

The central legal issue before the High Court was whether McDonald's conduct in advertising its "McSalad Shaker" product constituted misleading or deceptive conduct. Specifically, the court had to determine if the advertising conveyed a false impression about the nutritional content or health benefits of the salad, thereby misleading consumers.

The High Court considered the overall impression created by the advertising campaign, rather than focusing on isolated statements. It applied the principles established in cases concerning misleading advertising, which require an assessment of how the ordinary or reasonable consumer would perceive the advertisement. The court found that the advertising, when viewed as a whole, did not mislead consumers into believing the salad was healthier than it was, nor did it make unsubstantiated claims about its nutritional value. The court noted that the advertising did not present the salad as a health food but rather as a convenient and tasty option.

The appeal was dismissed.