On 15 February 2008 Justice Moore found that some 'Was/Now' advertising published by Prouds in two 2006 catalogues was misleading in breach of the Trade Practices Act 1974.*
The ACCC appealed some aspects of the decision and Prouds cross-appealed in relation to the findings that its catalogue advertising was misleading and deceptive.
The Full Federal Court yesterday rejected both appeals.
The ACCC is considering the Full Court's decision.