How to reduce the legal risks of your ‘natural’ claim being misleading or deceptive: lessons to be learned from recent Federal Court of Australia case

The recent case: Moroccanoil Israel Ltd v Aldi Foods Pty Ltd [2017] FCA 823 involving a trade mark infringement claim, misleading or deceptive conduct claims, and false representation claims has visited the definition and use of ‘natural’ on the branding of products. The Federal Court of Australia gave guidance on a “natural” claim and the circumstances in which such a claim will amount to misleading and deceptive conduct under the Australian Consumer Law. This article focuses on the judgment and the lessons and implications for the food industry.

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