The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Adelaide against Harris Scarfe Australia Pty Ltd alleging that it engaged in misleading conduct in promoting a storewide sale.
In October 2006, Harris Scarfe advertised on television in Victoria a "20%-60% OFF STOREWIDE" sale and distributed catalogues in South Australia, Victoria and Tasmania to promote the sale. The ACCC alleges that this advertising was misleading because Harris Scarfe was not offering:
- a discount off all goods in its stores, and
- a minimum of 20 per cent off all goods in its stores.
Further, the ACCC alleges that the catalogue included photographic images of various products under banners stating a specific discount when some of those goods were not discounted by the stated percentage.
The ACCC is seeking:
- declarations that Harris Scarfe contravened sections 52 and 53(e) of the Trade Practices Act 1974*
- injunctions
- corrective advertising
- review and revision of Harris Scarfe's internal business operations
- maintenance of Harris Scarfe's compliance program, and
- costs.
The matter has been listed for a directions hearing in the Federal Court, Adelaide, at 9:30 a.m. on 26 November 2007 before Justice Mansfield.