New High Court case examines when compliance with mandatory labelling laws trumps Australian Consumer Law

The High Court of Australia recently released its judgment in Mitsubishi Motors Australia Ltd & Anor v Begovic [2023] HCA 43, which could have significant implications for the operation of the Australian Consumer Law (ACL), which governs product marketing and claims. In this article, we analyse the decision and how it may impact what amounts to a misleading or deceptive claim in Australia. Although the case did not involve a food product, a similar legal principle could apply in the context of a conflict between a food supplier fully complying with a Federal-based standard versus an allegation of misleading or deceptive conduct under the ACL for having done so.