Analysis of the Federal Court’s decision in ACCC action against Woolworth’s biodegradable claims
On 5 July 2019, a judge of the Federal Court of Australia dismissed a case brought by the Australian Competition and Consumer Commission against major retailer Woolworths for alleged false or misleading claims about the biodegradability of its ‘Select Eco’ disposable plates, bowls and cutlery. The case dealt with important issues regarding when a claim will amount to a representation of a future matter, we well as the effectiveness of technical expert evidence in substantiating or challenging a consumer claim. The ACCC announced on 5 August 2019 that it intends to appeal this decision. This article analyses the judgment at first instance.