In its first case considering sentencing under the Fair Trading Act 1986 (FTA), the Court of Appeal has significantly reduced the fines imposed by the High Court in Commerce Commission v Steel & Tube Holdings Ltd  NZCA 549.
In the lead-up to Christmas and with increased competition for discretionary spend (thanks to COVID-19), retailers must be careful when adopting pricing and promotional campaigns and ensure the point-of-sale pricing is accurate. This recent case highlights the need to quickly respond to customer complaints and correct pricing errors or risk substantial penalties, even where the financial gain to the retailer is minimal.
In late 2018, the Commerce Commission began investigating Greenstar Holding Limited (Greenstar) and SDL Trading Limited (SDL) due to concerns that they each supplied retailers with children’s toys that did not meet product safety standards.
The Advertising Standards Authority (ASA) has released a guidance note (Note) to clarify their expectations around influencer advertising. Its purpose is to benefit consumers with increased certainty and transparency when advertisers use influencers to promote their products or services.
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04 Sep 2020