Australian Capital Territory Numbered Acts

FOOD ACT 1992 (NO. 47 OF 1992) - SECT 16

16. (1) A person shall not, for the purpose of effecting or promoting the sale of any food, publish an advertisement that—

        (a)     is false in any particular;

        (b)     is misleading as to the nature, substance or quality of the food;

        (c)     is deceptive; or

        (d)     does not comply with an applicable standard.

Penalty: $3,000.

(2) In proceedings under this section against the manufacturer, producer or importer of any food arising out of an advertisement relating to that food, it shall be presumed that the defendant published the advertisement, but the presumption is rebuttable.

(3) An advertisement published by a person on behalf of another person is to be treated as being an advertisement published by that other person, and by that other person only.

(4) For the purposes of paragraph (1) (c) an advertisement is deceptive notwithstanding that every particular of it is true if it creates, or is intended to create, in the mind of a reasonable reader, listener or viewer, an untrue or inaccurate impression.