Gillette Australia Pty Ltd v Energizer Australia Pty Limited [2005] FCA 1647

Gillette Australia Pty Ltd v Energizer Australia Pty Limited [2005] FCA 1647

The Chariot advertisement was misleading or deceptive, or likely to mislead or deceive, in contravention of s 52 of the Trade Practices Act 1974 (Cth), to the extent that it represented Energizer’s lithium battery as 'the world’s longest lasting battery in high powered devices'; this representation was not true, as Duracell’s CRV3 lithium battery performed at least as well, and such claim was found to be a significant, factual, and unambiguous assertion, not mere puffery.

Jurisdiction
Australia
Judgment Date
17 November 2005
Procedural Posture
Application for Declaratory and Injunctive Relief Under Trade Practices Act / Final Hearing and Judgment
Outcome
Declaration and injunction granted in part; parties bear their own costs unless otherwise applied for.
Legal Topics
['misleading or Deceptive Conduct' 'comparative Advertising' 'injunctions' 'false Representations']
['trade Practices' 'consumer Protection' 'advertising Law'] ['misleading or Deceptive Conduct' 'comparative Advertising' 'injunctions' 'false Representations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Declaratory and Injunctive Relief Under Trade Practices Act / Final Hearing and Judgment

Legal Issues

  1. 1 ['Whether the Chariot advertisement by Energizer was misleading or deceptive or likely to mislead or deceive under s 52 of the Trade Practices Act 1974 (Cth)' "Whether the representation that Energizer's lithium battery is the 'world's longest lasting battery in high powered devices' is misleading or deceptive"]

Ratio Decidendi

The Chariot advertisement was misleading or deceptive, or likely to mislead or deceive, in contravention of s 52 of the Trade Practices Act 1974 (Cth), to the extent that it represented Energizer’s lithium battery as 'the world’s longest lasting battery in high powered devices'; this representation was not true, as Duracell’s CRV3 lithium battery performed at least as well, and such claim was found to be a significant, factual, and unambiguous assertion, not mere puffery.

Court Disposition

Declaration and injunction granted in part; parties bear their own costs unless otherwise applied for.

Orders

  • ['Declaration that broadcasting the advertisement in present form is misleading and deceptive or likely to mislead and deceive in contravention of s 52 of the Trade Practices Act 1974 (Cth).' 'Injunction restraining Energizer from causing the advertisement to be broadcast so long as it contains a representation to...