Understanding claims about country of origin
A business must not make false or misleading claims about where goods came from. Goods must meet these standards to accurately claim a country of origin.
Claims
A claim or representation about country of origin includes:
- words
- a picture
- both words and a picture.
The claim will indicate where the goods were made, produced or grown. For example, packaging with a map of Italy and the Italian flag as a part of the design could imply that the product is made in Italy.
The claim may be:
- attached to the goods (e.g. on a label)
- in promotional material linked to the goods.
Words or pictures that are an essential part of the goods are not automatically a claim about country of origin.
For example, a t-shirt with a 'Made in Australia' label makes a representation about country of origin. A t-shirt showing the word 'Australia' as part of its design does not.
'Made in' statements
A 'made or manufactured in' statement on goods says that:
- work in that country substantially changed what the goods look like or do
- the business spent at least half of the producing or manufacturing costs in that country.
The Made in Australia stamp is an example of a ‘made in’ statement.
'Product of' statements
A 'product of' statement (sometimes 'produce of' or 'produced in') says that:
- virtually all production or manufacturing happened in that country
- all of the significant parts or ingredients came from (and always come from) that country.
Using a logo
A business can only put a prescribed logo on goods if work in that country:
- significantly changed what the goods do (or what they look like)
- accounts for a certain percentage of their costs (at least 51% for 'Made in Australia').
'Grown in' statements
A statement that goods are grown in a certain country claims that:
- at least half of the finished product (compared to its total mass) grew or was processed in that country
- virtually all of the production or manufacturing happened in that country
- all of the significant ingredients or components came from (and always come from) that country.
Certification trademarks
The country of origin of a good can be represented by a certification trademark.
The 'Australian Made, Australian Grown' logo, and other certification trademarks, can only be used with permission of the owner.
Misleading or deceptive conduct
Businesses must not mislead or deceive consumers or other businesses. If they make a false or misleading claim about the origin of goods, they risk engaging in misleading or deceptive conduct.