Legal risks in comparative advertising

By Joe Lederman
FoodLegal Lawyers and Consultants
© Lawmedia Pty Ltd, September 2010

There are many benefits in comparative advertising – it is a highly influential marketing technique and promotes competition by helping consumers make informed choices. However, comparative advertising also carries a high degree of legal liability risk and commercial risk. This article looks at the current state of law in Australia on comparative advertising, having regard to the Trade Practices Act, the Food Standards Code and relevant court cases.