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Australian Competition and Consumer Commission v DuluxGroup (Australia) Pty Limited - decision

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In the case of ACCC v DuluxGroup (Australia) Pty Limited, the Australian Competition and Consumer Commission (ACCC) initiated proceedings against Dulux for making misleading or deceptive representations about the performance capabilities of its heat reflective paints, Dulux AcraTex InfraCOOL and Dulux Weathershield Heat Reflect. The court found in a preliminary hearing (FCA 1158) that Dulux's promotional materials, including in-store displays, webpages, social media posts, print advertisements, and videos, made representations that the paints could significantly reduce interior temperatures and surface temperatures, for which Dulux did not have reasonable grounds. Dulux subsequently admitted that these "Heat Reflect Representations" were misleading and in contravention of consumer law. Ultimately, the Federal Court declared that Dulux had engaged in misleading conduct, ordered Dulux to publish notices in a newspaper and on its website, and imposed a pecuniary penalty of $400,000 along with $150,000 in costs. The court considered the seriousness of the conduct to be at the lower to middling end, the extent of the marketing campaign, the lack of a sufficiently robust compliance program, and mitigating factors such as Dulux's cooperation with the ACCC and the remedial steps taken.


Australian Competition and Consumer Commission v DuluxGroup (Australia) Pty Limited

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

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A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

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Area of the economy in which actors engage in identical or related activities.

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The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

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Production of electricity and heat from solar irradiation.

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

Australian Competition and Consumer Commission v DuluxGroup (Australia) Pty Limited - decision

Impacted group

Renewable energy

Greenhouse gas

Economic sector

Adaptation/resilience

Finance