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Showing posts with label false claims. Show all posts
Showing posts with label false claims. Show all posts

Thursday, 28 November 2024

Consumer watchdog accuses Webjet of making false claims and misleading customers



Australia's consumer watchdog has charged online travel booking site Webjet with making false and misleading claims to customers.

The ACCC said in a statement that it has today commenced proceedings in the Federal Court against Webjet Marketing Pty Ltd for "allegedly making false and misleading representations to consumers about flight prices and bookings".

Webjet’s app and website offers travel-related products and services to consumers, including from different airlines. Consumers can compare and book flights, hotels, car rental and travel insurance through the Webjet website and app.

The ACCC alleges Webjet breached the Australian Consumer Law when it made statements on its app, in marketing emails, on social media and on its website about the minimum price of airfares - which omitted compulsory fees charged by Webjet.

The statements included “flights from $x” when the price quoted excluded Webjet’s compulsory ‘Webjet servicing fee’ and ‘booking price guarantee’ fee which ranged from $34.90 to $54.90 per booking, depending on whether the flights were domestic, NZ/Pacific flights or other international flights.

These statements were made for various periods of up to five years between November 2018 to November 2023.

The Webjet fees were not disclosed in Webjet’s social media posts.

Although the Webjet website, Webjet app and most promotional emails contained information about the Webjet fees, it was typically only accessible by scrolling towards the bottom of the relevant screen, was in fine print and not sufficiently clear or prominent.

“We know how much Australian consumers value air travel to stay connected for work, leisure or to visit family," said ACCC Chair Gina Cass-Gottlieb.

"During this time of cost pressures, many consumers are carefully considering travel arrangements and seeking to save money. A statement about the lowest price must be a true minimum price, not a price subject to further fees and charges before a booking can be made.”

Webjet is also alleged to have breached consumer law by displaying a confirmation page online and sending a confirmation email after taking payment for a completed flight booking when in fact, in respect of 382 bookings, it had not booked the flight with the airline.

In these cases, Webjet later allegedly sought additional payment from the consumers to complete the booking, or offered the consumer a refund for the flight, despite having earlier confirmed the booking.

Some consumers may have made and paid for other travel arrangements on the basis of the confirmation so may have had to choose between paying more money or cancelling other arrangements at a potential loss.

It is alleged that Webjet made these misleading representations in respect of 382 bookings over more than five years, between at least November 1, 2018 and June 25, 2024.

“We are very concerned about this alleged conduct by Webjet, which represented to consumers that their flight booking had been confirmed and left some consumers in the position of having to pay more to later complete the booking,” Cass-Gottlieb said.

“The ACCC is currently prioritising consumer and competition issues in the aviation sector as well as conduct in the digital economy.

"We remind all businesses, whether they are online retailers or bricks and mortar stores, that they need to comply with the Australian Consumer Law by not misleading consumers and displaying prices clearly, including hidden fees and surcharges.”

The ACCC is seeking pecuniary penalties, declarations, injunctions, consumer redress, costs and other orders.

Friday, 1 December 2023

Warning to mixed drink producers over "misleading claims"



Are you being lied to when you peruse the labels of pre-mixed alcoholic drinks?

New research shows that alcohol manufacturers are adding nutrition messages to their pre-mixed alcohol products to lure in younger consumers.

It is a move that public health experts say should prompt regulators to take urgent action to restrict claims.

The study, published today in the Australian and New Zealand Journal of Public Health, analysed almost 500 pre-mixed products found in three major alcohol retailers and found that over half (52%) had at least one nutrition-related claim, "despite alcohol being inherently unhealthy".

The most common claims related to “naturalness” (32%) and energy content (32%), while 31% made claims about sugar content.

Others related to gluten (23%), carbohydrate content (20%) or being vegan (14%).

Lead author Bella Sträuli from The George Institute for Global Health says that nutrition claims were found on almost all hard seltzers.

“Some 96% of hard seltzers, which are predominately targeted at younger drinkers, included nutrition claims, with an average of 3.4 claims per product," she said." They also frequently appeared on vodka pre-mixed products (44%) and gin-based mixed beverages (40%).”

Research co-author Professor Simone Pettigrew, also from The George Institute for Global Health, says: "In the wake of growing awareness and overwhelming evidence about the negative health impacts of drinking, the alcohol industry is using nutrition-messaging to give their products a health halo.

“It’s a tactic borrowed from the food industry that’s particularly targeted at young people, who are more health conscious.

“We found that pre-mixed drinks had an average of 1.5 nutrition claims per product. These kinds of claims deliberately mislead consumers about the healthiness of alcohol products, and some are just a sham. For instance, we found vegan and gluten claims on products that are inherently animal product- and gluten-free.

“Pre-mixed alcohol producers are taking advantage of the current Australian alcohol labelling code to use nutrition-related claims to promote these products in ways likely to enhance their perceived healthiness, while downplaying alcohol health risks.

“We urgently need more stringent regulation of claims on alcohol to avoid consumers being blatantly misled. There is a window of opportunity to shut this down before it gets out of hand.”