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How the context in which food is sold can impact liability for potentially misleading or deceptive claims

Published: 6 Aug 2018

In July 2018, Aldi successfully appealed the Federal Court’s decision regarding misleading and deceptive conduct in relation to the use of the word “naturals” on its hair care range. The Full Federal Court considered Aldi’s business practices and the context in which the products were sold in reaching its decision. This article explores how this recent decision impacts liability for misleading and deceptive conduct in relation to food products and whether the context in which food sales occur can carry the same weight as it did with Aldi’s hair care products.

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