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| An action kit to keep non-wood competitors honest |
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| Monday, 15 August 2011 00:00 |
To facilitate action against competitors making such claims, Forest and Wood Products Australia Limited (FWPA) engaged TDA to develop an Action Kit for all Wood. Naturally Better™ Partners. While conducting research for the kit, TDA discovered numerous examples of marketing by steel framing and aluminium fabricators that are potentially non-compliant with the new Australian Consumer Law. The Australian Consumer Law (ACL) is a schedule to the Competition and Consumer Act 2010 which, from 1st January 2011, is the new name of the Trade Practices Act. When a company provides incorrect environmental information about wood products, that company is potentially misleading a consumer of their products and may, thus, be in breach of the ACL. This is where the Action Kit comes in. The kit provides carefully worded letters of complaint that may readily be adapted to specific industry misrepresentations. Sending such letters may ensure that offending materials are modified or are removed from the public domain without recourse to expensive legal action law. Moreover, establishing that the recipient has been made aware of their misrepresentations will raise the likelihood of the ACCC or other regulators taking enforcement action. The kit also includes the advice, provided by a legal practitioner specialising in this field, that you should ensure your own house is in order before making a complaint. This is because the subject of your complaint will often review your own statements and choose to attack you for making allegedly misleading and deceptive claims. Similarly, the ACCC will not limit its enquiry to a situation you have identified. The Action Kit is currently being formatted and will be available for Wood. Naturally Better Partners.™ shortly. |
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