Australian Competition and Consumer Commission v Dateline Imports Pty Ltd [2014] FCA 791

Australian Competition and Consumer Commission v Dateline Imports Pty Ltd [2014] FCA 791

Dateline breached s 52(1) by representing in its 20 September 2010 letter that it was of the opinion the Ireland ban on Keratin Complex would be overturned, without reasonable grounds. Dateline also contravened ss 52(1), 53(a), and 53(c) by various magazine advertisements falsely representing that Keratin Complex was comprised of at least 35% or 40% natural keratin; the evidence demonstrated that the true natural keratin content was much less. The other allegations regarding formaldehyde content, safety, and dangerous chemical representations were not made out on the evidence. David Taylor was knowingly concerned in Dateline's breach with respect to the Ireland ban representation.

Jurisdiction
Australia
Judgment Date
30 July 2014
Procedural Posture
Civil / Trial Judgment on Liability
Outcome
Liability orders made; parties to be heard on relief and costs
Legal Topics
['misleading or Deceptive Conduct' 'false Representations' 'trade Practices Act 1974 (cth)' 'consumer Protection' 'accessorial Liability']
['trade Practices' 'consumer Law'] ['misleading or Deceptive Conduct' 'false Representations' 'trade Practices Act 1974 (cth)' 'consumer Protection' 'accessorial Liability']

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Procedural Posture

Civil / Trial Judgment on Liability

Legal Issues

  1. 1 ['Whether Dateline Imports Pty Ltd and David Taylor made false, misleading or deceptive representations in contravention of ss 52(1), 53(a) and (c) of the Trade Practices Act 1974 (Cth) regarding the composition and characteristics of Keratin Complex' "Whether Dateline's representations as to the absence of formaldehyde and proportion of natural keratin in Keratin Complex were false or misleading" 'Whether there were reasonable grounds for making representations as to future matters' 'Whether David Taylor was knowingly concerned in any contraventions']

Ratio Decidendi

Dateline breached s 52(1) by representing in its 20 September 2010 letter that it was of the opinion the Ireland ban on Keratin Complex would be overturned, without reasonable grounds. Dateline also contravened ss 52(1), 53(a), and 53(c) by various magazine advertisements falsely representing that Keratin Complex was comprised of at least 35% or 40% natural keratin; the evidence demonstrated that the true natural keratin content was much less. The other allegations regarding formaldehyde content, safety, and dangerous chemical representations were not made out on the evidence. David Taylor was knowingly concerned in Dateline's breach with respect to the Ireland ban representation.

Court Disposition

Liability orders made; parties to be heard on relief and costs

Orders

  • ['Declaration that Dateline breached s 52(1) of the TPA by representing the Ireland ban on Keratin Complex would be overturned without reasonable grounds' 'Declaration that Dateline breached ss 52(1), 53(a), and 53(c) of the TPA by making false representations in magazine advertisements concerning natural keratin...