Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - consumer protection - comparative advertisina - point of sale display material and television commercials making
comparisons of life and value of drv cell batteries - whether
misleading and deceptive.
Trade Practices Act 1974 ss. 52, 53(a), 53(c)
Stuart Alexander & Co. (Interstate) Ptv. Ltd. v. Blenders Ptv. Ltd. (1981) 37 ALR 161
Insurance Commissioner v. Australian Associated Motor Insurers Ltd. (1982) 45 ALR 391
*+ate Government Insurance Commission v. J.M.Insurance Ptv.Ltd. (1984) 6 ATPR 45, 359
UNION CARBIDE AUSTRALIA LIMITED v. DURACELL AUSTRALIA PTY.LIMITED
No. G400 of 1986
oO CORAM: FOX J. > ie 27 November 1986 3 Svdney FEDERAL COURT OF KI AUSTRALIA Js!
ERING Par REGILIPY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No.G400 of 1986
~~ eye wew
GENERAL DIVISTON
BETWEEN : UNION CARBIDE AUSTRALIA LIMITED Applicant
AND:
DURACELL AUSTRALIA PTY. LIMITED
Respondent
ao oO Bo)
FOX J.
DATE: 27 NOVEMBER 1986
REASONS FOR JUDGMENT
FOX J.
The applicant brings this case in reliance upon s.52 and s.53(a) and (c) of the Trade Practices Act 1974. Both parties are engaged in the sale of drv cell electric batteries. and the applicant alleges that in advertisements by the respondent the latter falselv compares the useful life and value of its "Duracell" batteries with those of the applicant's Evereadv Heavy
Duty ("Eveready Red") batteries.
On the printed advertising cards which are in evidence. I think thev would be called point of sale display material, six of the respondent's Eveready Red batteries are represented. at less than actual size, and above each battery in large print is the word "spend". There is then an "or" introducing the prominent comment - "Save with Duracell". On each of the cards. a single Duracell battery is shown prominentiv in the middle of the card at several times the size of the Eveready Red batteries. There is then a prominent announcement: "Lasts up to six times longer". One of the points at issue is recoqnised by an asterisk. It appears at the end of the word "longer" and relates to a sentence thereunder. in minute printing which reads "depending upon
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