AustraliaA business advertised a product as 'Australian made' but it was manufactured overseas. Is this illegal?
Yes, it is illegal under the Australian Consumer Law to advertise a product as 'Australian made' if it was manufactured overseas and does not meet the legal criteria for that claim.
What the Law Says
The Australian Consumer Law (ACL) strictly regulates 'country of origin' claims like 'Australian made' to prevent misleading consumers.
It is illegal for a business to make a false or misleading representation that goods are of a particular place of origin — including that they are 'Australian made' — when they are not.
To lawfully use the 'Australian made' claim, goods must have been substantially transformed in Australia, and at least 50% of the production costs must be incurred in Australia — though the stricter 'Australian made' logo (with the kangaroo) requires meeting the 'substantial transformation' test and the '50% Australian content' test, often interpreted as needing over 90% Australian content for certainty.
The ACL treats false 'Australian made' claims as a form of misleading conduct, which attracts significant penalties for businesses and individuals.
Statutory TextA person must not, in trade or commerce, make a false or misleading representation that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use.
— Competition and Consumer Act 2010 (Cth), Sch 2, s.29(1)(k) — Misleading representations about country of origin
Statutory TextA person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
— Competition and Consumer Act 2010 (Cth), Sch 2, s.18 — Misleading or deceptive conduct
What to Do
Stop using the 'Australian made' claim immediately if the product was manufactured overseas and does not meet the legal tests.
Review your product’s manufacturing process and cost breakdown to assess whether it satisfies the 'substantial transformation' and '50% Australian cost' requirements.
If uncertain, consult the ACCC’s Country of Origin Labelling Guidelines or seek legal advice before relabelling or advertising.
Cooperate fully with the ACCC if contacted — penalties increase for non-cooperation or repeat breaches.
Sources
Same Question, Other Jurisdictions
Germany
Canada
Ireland
Singapore
European Union
India
South Korea
UK
US Federal
US-California
US-New York
JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.