Question
Robin sells facemasks at the local Canberra markets. The regular mask is $5 and the deluxe mask is $10. The packaging on the deluxe mask
Robin sells facemasks at the local Canberra markets. The regular mask is $5 and the deluxe mask is $10. The packaging on the deluxe mask states: made from a fabric that protects against COVID-19. Batman is impressed by the scientific claims so buys 10 boxes of each mask to re-sell at his online store. He's curious about the material the masks are made from, and so tests both masks in his lab. Batman discovers that the regular and deluxe masks are made from the same fabric - which does not have any special qualities to protect against COVID-19.
Can Batman bring any action against Robin under the Australian Consumer Law? Can the Australian Competition and Consumer Commission bring any action against Robin? Would your answer change if Robin Batman bought the masks for his family and not to re-sell?
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