EziBuy Limited (in liquidation) and Mosaic Brands Limited (an Australian public company) have been warned for likely engaging in conduct that was liable to mislead the public, and making false and/or misleading representations during specific promotions in likely breach of sections 10 and 13(i) of the Fair Trading Act respectively. This conduct occurred when they: (a) Used inclusive language in the primary messaging of a promotion, such as “Everything”, “Almost Everything” and “Almost All”, when there were a number of significant exclusions to a promotion (s 10 FT Act); (b) Made statements that products included in promotions were available at particular prices or had a particular discount applied (monetary amount or percentage) when this was not the case (s 10 FT Act); and (c) Advertised promotions, without disclosing or making clear to consumers that there were significant exclusions and/or key terms and conditions regarding eligibility requirements for a promotion (ss 10 and 13(i) FT Act).
