Federal Court of Australia
CATCHWORDS
Trade Practices - Misleading or Deceptive Conduct - whether television advertisement for "hypo‑allergenic" toilet paper is misleading or deceptive - whether particular toilet paper is free of inks, dyes and perfumes - whether misleading or deceptive to use the term "hypo‑allergenic" in combination with the term "safe" in the sense that "safe" would tend to reinforce the public's alleged misunderstanding of "hypo‑allergenic" as free allergens - whether misleading or deceptive to suggest that use of the respondent's product might reduce itching - whether phrase "your toilet paper is irritating you" conveys the representation that toilet paper can be the initial cause of irritation - whether advertisement suggests that other premium toilet tissue could not help to reduce irritation - whether advertisement misleading or deceptive on the basis that it conveys a representation that "hypo‑allergenic" paper is for therapeutic use and is a therapeutic good which is registered, listed or exempt or the subject of an approval under the Therapeutic Goods Act 1989 (Cth) Trade Practices Act 1974, s 52 Therapeutic Goods Act 1989 (Cth), s 3(1), s 20 Therapeutic Goods Regulations, r 6
Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (1992) 38 FCR 1 Annand and Thompson Pty Ltd v Trade Practices Commission (1979) 40 FLR 165 Stuart Alexander & Co (Interstate) Pty Ltd v Blenders Pty Ltd (1981) 33 FLR 307 Neilsen v Hempston (1986) 65 ALR 302 Collins Marrickville Pty Ltd v Henjo Investments Pty Ltd (1987) 72 ALR 601 Sutton v A J Thompson Pty Ltd (1987) 73 ALR 233 Sabre Corporation Pty Ltd v Russ Kalvin's Hair Care Company (1993) 46 FCR 428 Trade Practices Commission v Telstra Corporation Ltd (1993) ATPR 41, 445 Rhone‑Poulenc Agrochimie v UIM Chemical Services Pty Ltd (1986) 12 FCR 477 KIMBERLEY CLARK AUSTRALIA PTY LIMITED v CARTER HOLT HARVEY TISSUE AUSTRALIA LIMITED No. NG 95 of 1997 CORAM: Lehane J PLACE: Sydney DATE: 27 March 1997
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate