Section 116 Federal Competition and Consumer Protection Act 2018
Section 116 of the Federal Competition and Consumer Protection Act 2018 is about Product labeling and trade descriptions. It is under Part XV (Consumers’ Rights) of the Act.
(1) For the purposes of this section, a trade description is applied to goods if it is –
(a) applied to the goods, or to any covering, label or reel in or on which the goods are packaged, or attached to the goods;
(b) displayed together with, or in proximity to, the goods in a manner that is likely to lead to the belief that the goods are designated or described by that description; or
(c) is contained in any sign, advertisement, catalogue, brochure, circular, wine list, invoice, business letter, business paper, or other commercial communication on the basis of which a consumer may request or order the goods.
(2) An undertaking shall not knowingly apply to any goods a trade description that is likely to mislead consumers as to any matter implied or expressed in that trade description or alter, deface, cover, remove or obscure a trade
description or trade mark applied to any goods in a manner calculated to mislead consumers.
(3) An undertaking shall not supply, offer to supply or display any goods if the undertaking knows, reasonably could determine, or has reason to suspect, that-
(a) a trade description applied to those goods is likely to mislead consumers as to any matter implied or expressed in that trade description; or
(b) a trade description or trade mark applied to those goods has been altered.
