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23 September 2024

ACCC Takes Action Against Woolworths And Coles Over Misleading Discounts

Consumer watchdog accuses supermarkets of deceptive pricing strategies amid rising living costs

Australia's consumer watchdog, the Australian Competition and Consumer Commission (ACCC), has recently launched significant legal action against two of the country’s supermarket giants, Coles and Woolworths. This move has sent ripples through the grocery industry as allegations arise over misleading discount claims. With grocery shopping becoming increasingly expensive, especially amid rising cost-of-living pressures, consumers are particularly concerned about pricing integrity.

The ACCC's allegations pertain to claims the supermarkets made about their discount promotions, which they assert misled consumers over the prices of hundreds of products. According to ACCC Chair Gina Cass-Gottlieb, both Coles and Woolworths engaged in practices they argue were deceiving, citing examples of inflated prices before discounts were presented, which often led to eligible items being returned to values either the same as or higher than the standard price.

Details from the ACCC indicate Woolworths has faced scrutiny for misleading pricing on 266 products over two years, and Coles for 245 products over around 15 months. High-profile items included popular household names such as Arnott’s Tim Tams, Kellogg's cereals, and Cadbury chocolates, which many Australians regularly rely on during their weekly grocery runs.

Under investigation practices involved strategic price adjustments. For example, the price of products was reportedly raised significantly prior to running their promotional pricing campaigns—Coles with its ‘Down Down’ slogan and Woolworths advertising ‘Prices Dropped.’ The ACCC found instances where regular prices were increased by at least 15% before applying discounts.

The consumer watchdog elaborated on their allegations, noting instances where items like Oreo biscuits appeared on promotional pricing at $4.50 after having been inflated to $5.00 just days prior. The assertion is clear: these practices led consumers to believe they were receiving genuine discounts when, in fact, they were not. Cass-Gottlieb argued this conduct diminishes consumers' ability to make informed purchasing decisions.

Both supermarket chains have publicly responded to the accusations. Woolworths stated they would work with the ACCC to address the allegations, aiming to review the claims thoroughly. Coles, on the other hand, has pledged to vigorously defend the proceedings, explaining they had been dealing with rising operational costs, which necessitated price adjustments.

The accusations against these major players come at a time when the supermarket sector is under close examination. There's been increasing public interest and media coverage surrounding the supermarket duopoly, which controls approximately two-thirds of the Australian grocery market. The government, noting the public outcry, has commissioned reviews and inquiries to explore fairer trading practices, particularly how they treat suppliers and consumers alike.

The ACCC is not new to pursuing legal action concerning misleading pricing practices. Recent history includes successful cases against online retailer Kogan, which also faced similar allegations involving deceptive discounts. These cases have raised public concern about transparency and accountability within the retail sector.

What's particularly interesting about these proceedings is the substantial financial penalties the ACCC could seek if the courts find Coles and Woolworths guilty of misleading conduct. The maximum penalty for breaches of the Australian Consumer Law has dramatically increased—potentially reaching up to $50 million per violation since new penalty limits were set late last year. Given the scale of the alleged misinformation, outcomes could lead to severe financial repercussions for both chains.

During press conferences, Prime Minister Anthony Albanese expressed his frustration over the alleged behavior of the supermarkets, describing practices viewed as undermining consumer trust. He noted, “This is not in the Australian spirit. Customers don't deserve to be treated as fools,” highlighting the widespread sentiment among consumers feeling deceived over pricing strategies.

While the investigation and legal proceedings continue, regular shoppers are raising their voices about their struggles to differentiate between genuine discounts and falsely advertised ones. According to studies, one in four consumers reportedly found it challenging to identify whether special promotions at major chains represented real savings or merely marketing ploys. The ACCC's actions signal a tough stance on misleading advertising, emphasizing consumer rights to clear and accurate pricing information.

Beyond the immediate impacts on the supermarkets, the ACCC is also advocating for additional community measures, such as seeking contributions from Coles and Woolworths toward charities serving food to those struggling to make ends meet. This approach aligns with broader efforts to improve corporate responsibility and promote equitable practices within industries affecting everyday citizens.

The outcome of these actions will not only determine Coles and Woolworths’ financial obligations but may also serve as precedent for future regulations surrounding advertising and pricing practices nationwide. With eyes now focused on the proceedings, consumers and regulators alike await the next phase of these landmark legal actions against Australia’s leading supermarkets.

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