Australian Laws and Regulations on Regional Branding on Food and Wine Labels: Part 1

摘要

This is the first of a two-part article series that analyses the current laws and regulations in Australia that regulate the usage of Australian regional names on food products to make origin claims. This article analyses the consumer protection laws under the Australian Consumer Law, the doctrine of passing off and extended passing off. It identifies the deficiencies of current consumer laws and regulations and passing off, and problems resulting from them, for Australian regional food producers and the wider Australian food and agrifood industries. In particular it underscores that these laws and regulations are allowing food producers and traders to use Australian regional names on food labels that just fall short of being misleading or deceptive, or involving passing off, even though the food product, to which the name is attached, only has a weak connection with the named region. Furthermore, this article emphasises that current consumer protection laws and regulations do not give regional food producers enough ex ante guidance as to when they can make an origin claim on food labels and products, especially where some of their ingredients are sourced, or some of the food production takes place, outside the named region. They do not adequately regulate whether there is a clear connection between food and origin before a regional name can be used on a food label to make an origin claim. Consequently, many food producers use Australian regional names on food labels to make origin claims on food products that lack any clear or strong connection with the region claimed. This article explains that, in doing so, many food producers and traders take advantage of, and benefit from, the reputation that Australian regions have for producing quality regional food and the value that accordingly exists in the relevant Australian regional names.