NOT COOL: DULUX FINED $400,000 FOR MISLEADING ADS

Written on the 3 November 2016

NOT COOL: DULUX FINED $400,000 FOR MISLEADING ADS

DULUXGROUP has been fined $400,000 for false advertising relating to its Weathershield and InfraCOOL paints.

The temperature-reducing claims the company made about the paints have been found to be false or misleading by the Federal Court, in a case brought by the Australian Competition and Consumer Commission (ACCC).

In advertisements running from June 2009 to September 2012, Dulux promoted its heat-reflective roof paint, InfraCOOL, as a paint that could reduce the interior temperature of the living zones of a house by up to 10 degrees.

From November 2011 to September 2012, Dulux also promoted its Weathershield Heat Reflect wall paint as a paint that could and would significantly reduce the interior temperature of a house.

The court found that each of these claims was false or misleading after Dulux admitted that it did not have any reasonable grounds for making those representations.

"Dulux promised a real consumer benefit at a premium price, apparently supported by scientific evidence, when in fact Dulux had no reliable evidence of what benefit could be delivered in real world conditions because it had not tested for any reduction in the room temperature of houses painted with these products," says ACCC Chairman Rod Sims.

Dulux consented to declarations by the Court, and provided an undertaking to the Court not to make similar representations unless it has reasonable grounds for doing so and to clearly and prominently explain the factors that may reduce the effect of applying heat reflective paint.

Dulux was also ordered to publish corrective notices in The Australian newspaper and on its website, and to pay the ACCC's costs.



 

 

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