Making “-free” claims: Different approaches of the ACCC, FSANZ and TGA

The ability to make claims that a product is ‘free’ of particular substances, additives or processes can be useful to marketers seeking to add value to a product or brand. However, manufacturers and suppliers need to be aware that there are limitations and legal risks on the types of ‘free’ claims or other absolute claims that may be made. This article focuses on FSANZ’s guidance on ‘free’ claims, as well as the ACCC’s approach to ‘free’ and other similar absolute claims, providing examples of enforcement action taken by them for breach of the Competition and Consumer Act 2010.

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