In what is being described as a landmark consumer protection decision, Australia’s Federal Court ruled that supermarket giant Coles misled shoppers with its iconic “Down Down” discount promotions. Justice Michael O’Bryan found that the advertised discounts were based on previous prices that had been offered for too short a period to be considered genuine reference points.
The ruling — reported simultaneously by the Sydney Morning Herald and The Age — strikes at the heart of a pricing practice that has long frustrated consumer advocates. The implication is significant: retailers cannot briefly inflate a price and then promote a “discount” back to what was effectively the normal selling price. The decision could reshape how Australia’s major retailers advertise sales across the board.
