AustraliaA company sent me a misleading comparison between their product and a competitor. Can I complain?
Yes, you can complain — misleading comparisons are illegal under the Australian Consumer Law, and you can report them to the ACCC or your state consumer agency.
What the Law Says
The Australian Consumer Law (ACL) makes it unlawful for businesses to engage in misleading or deceptive conduct — including false or misleading comparisons with competitors.
Section 18 of the ACL is the key provision. It says that a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. This applies to advertising, packaging, websites, social media, and any public claim — including side-by-side comparisons.
A comparison is misleading if it creates a false impression about price, quality, performance, ingredients, origin, or any other material feature — even if each individual statement is technically true. For example, comparing only one superior feature while ignoring major disadvantages is often misleading.
Businesses cannot cherry-pick data, use outdated or irrelevant benchmarks, or omit important context (e.g., comparing a premium model to a budget competitor model without disclosure). The overall impression matters — not just the literal words.
Statutory TextA person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
— Australian Consumer Law, s. 18 — Misleading or deceptive conduct
What to Do
Collect evidence: save screenshots, emails, ads, or recordings showing the misleading comparison.
Contact the company directly and ask for correction or clarification (optional but recommended).
Report to the ACCC via https://www.accc.gov.au/make-a-complaint — no fee, no lawyer needed.
Also consider reporting to your state or territory consumer affairs agency (e.g., NSW Fair Trading, Consumer Affairs Victoria).
Sources
Not 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: 2026-06-09.