Short answer: Promotional products used in advertising, competitions, or “free gift” offers must not mislead consumers about price, value, or terms. This guide offers general awareness (not legal advice). Consult professionals for specific campaigns.
The ACCC enforces Australian Consumer Law against misleading or deceptive conduct in trade or commerce. Branded merchandise is part of your marketing footprint) claims on packaging, inserts, and companion advertising must be accurate.
Areas of general awareness
- “Free” gifts: Must be genuinely free if claimed (not funded by hidden price increases
- Prize promotions: Some states require permits for certain trade promotions) check thresholds
- Comparative claims: “Best” or “#1” need substantiation
- Environmental claims: Must be verifiable (not vague “eco-friendly” without basis
- Endorsements: Do not imply government or celebrity endorsement without permission
Promotional product specific scenarios
Branded health items (sunscreen giveaways): ensure product meets applicable standards and claims are not therapeutic unless permitted. Children’s products: safety standards apply. Alcohol-related merch: responsible messaging in hospitality promotions.
Documentation habits
Keep records of offer terms, quantities, approval emails, and supplier compliance documents for products with safety or environmental claims. Good records support defence if questions arise.
Indigenous artwork
Using Indigenous art on merchandise requires appropriate licences and cultural permissions) separate from ACCC but critical to ethical brand conduct in Australia.
Frequently asked questions
Is this guide legal advice?
No. For competitions, health claims, or regulated products, consult qualified legal and compliance advisers.
Do ACCC rules apply to B2B gifts?
Many ACL provisions focus on consumer transactions; B2B still requires honest dealing, and some practices overlap. Seek advice for borderline cases.