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What a small business can and cannot say in its advertising
Australian Consumer Law applies to every business, however small, and to every place you promote yourself. The principle is short: do not mislead. Here is what that means in practice.
01 · The principle
Be able to prove it
The ACCC says claims must be true, accurate and based on reasonable grounds, and that a business must be able to prove any claim it advertises. It makes no difference whether you meant to mislead.
This covers websites, social media, signs, quotes, packaging and what staff say. The overall impression counts, including images.
02 · Where it bites
Four common traps
Best, cheapest, number one. Comparisons need evidence. If you cannot show it, do not say it.
Was and now prices. The ACCC says an advertised saving can mislead if the item was never sold at the higher price, or only briefly.
Free. Offering something free when conditions apply on closer look is one of the ACCC's listed examples of a misleading price claim.
Fine print. It must not contradict the headline. A big claim cannot be rescued by small text.
03 · Online
Social media and reviews
The ACCC applies the same law to social media, and says a business is also responsible for misleading comments others leave on its pages.
Reviews and testimonials must be genuine. See our guide on getting reviews fairly.
This is the standard we write to for every client. If we cannot find a reasonable basis for a claim, we will ask you for it or leave it out.
General information, not legal advice. The ACCC and Google publish the rules, and their own pages are the place to check your situation.
04 · Quick answers
In one line each.
Can I say my business is the best in town?
Only if you could prove it. A specific, true statement is safer and usually more persuasive.
Does the law apply to my Facebook posts?
Yes. The ACCC says consumer law applies to social media in the same way as other advertising.
Is it enough to put the conditions in small print?
Not if the small print conflicts with the main message of the ad.
05 · Keep reading
More plain guides.
Start here
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