Jack owns a restaurant that serves fusion food. He has decided to add a new range of noodle dishes to his menu. He has placed a large sign on the restaurant window promoting his new noodle dishes as 'the best noodles in town, made with all fresh ingredients!'. Zoe, the owner of Yummy Noodles, the Chinese restaurant next door, is rather annoyed about the sign. She has been serving noodles for years. She has accused Jack of misleading customers, because she knows that Jack still uses tinned ingredients in his noodle dishes. Jack's response is that even if the ingredients are from a tin, they are fresh from the tin. Zoe has now threatened legal action under s 18 of the Australian Consumer Law.

a)Is Zoe entitled to bring such an action? (4 marks)

b)If so, is such an action likely to succeed? (8 marks)

(DO NOT DISCUSS REMEDIES.)