Advertising & Packaging:

Often people will draw immediate conclusions about the nature or reliability of a product from the way that it is presented to them at the place of sale. Having the right advertising and packaging is therefore essential to create the right initial impression in the mind of your potential customers.

This does not mean however that “anything goes” in the world of advertising and packaging. There may be various legal requirements that will influence the design, style and manner in which your product is packaged for marketing and sale. There may also be legal principles at work that will affect how you can advertise your product or service.

One obvious example, is the way that the common law has moved away from the strict application of caveat emptor (or “buyer beware”) and now recognizes various duties that a vendor has, such as the duty not to falsely mislead the purchaser. Another example in the world of packaging is the mandatory health warnings on cigarette products, or other compulsory disclosures that may be required with the sale of medicines, food products and even children’s toys, country of origin claims, weights and measurements labelling, name and address labelling and so on. These are just a few issues that may arise; others will depend on the nature of the product or the service.

Many of these legal requirements are statutory, however; as matters are litigated before Courts, judicial decisions are made that which will impact on the way that legislative terms are interpreted. This can be a heavily fact and evidence based exercise and it may be difficult, or even impossible, to derive a strict rule that can be applied with mathematical accuracy for each and every case that arises.

It is therefore important that the manufacturer of a product or the provider of a service seek appropriate legal advice on the way that the product or service is presented to the market. Otherwise, liabilities may arise which could have been easily avoided at first instance.

If you require assistance with an Advertising & Packaging legal matter, you may wish to make an appointment to see one of our Intellectual Property Solicitors. Please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.