CharlesVenoitis the owner of a French restaurant called 'Viva La France' in Milton, Brisbane. He has decided to add a new range of "healthy eating" French dishes to his dining menu and places a large sign on his restaurant window promoting his new French dishes as "The best French food in Brisbane, made with all fresh ingredients!"

Sandra, the owner of 'Le Francois' (the other French restaurant in Brisbane which is located only 2km from 'Viva La France') is rather annoyed about the sign. She has been serving French dishes for many years and previously worked in Charles's restaurant. Sandra knows that Charles uses tinned olives and duck in his food.

When Sandra accuses Charles of deliberately lying to customers, Charles's response is that even if the olives and duck are from a tin, they are still fresh from the tin.

Will Sandra be successful in an action against Charles under the ACL?

(please use ILAC)