Don’t be misleading in your Google Ads

On 13 August 2021, the full Federal Court of Australia heard and upheld an Appeal by the Australian Competition and Consumer Commission in relation to Employsure Pty Ltd’s use of Google Ad words.

Author: Clarissa Sempel

20 August 2021

Between 10 August 2016 and 31 August 2018, Employsure refined their Google Ads so that they would respond to the key words “Fair Work Commission”, “Fair Work Australia”, “Fair Work”, “FWC”, and “Fair Work Ombudsman”.

In addition, when the Google Ads appeared they would use the key words in the title and website URL, and would not reference their own business.

The Full Court found that these were misleading representations, that the words portrayed an affiliation with the Government agencies, and therefore, that Employsure had breached the Australian Consumer Law. In a large part, this decision was as a result of Employsure’s Google Ads utilising the Government Agency names and not referencing themselves at all.

This decision is a warning to business owners to be careful in the use of setting up and using their Google Ads to ensure that they do not mislead their customers by using combinations that are similar or connected to Government Agencies. Mr Keogh (ACCC Deputy Chair Mick Keogh) stated that they “will continue to take appropriate enforcement action where we consider that business are misleading consumers with search engine advertising”.

If you have concerns about whether your advertising may be seen as misleading, contact the ALG team on (02) 4220 7100 or by email at lawyers@alg.com.au to book a free half-hour initial consultation.

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