Class Action – Woolworths & Coles Deceptive Pricing Allegations

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February 2025 Updates
  • Woolworths and Coles reaffirmed their intent to defend against the ACCC’s claims.
  • Public scrutiny has increased significantly as new evidence suggested that pricing strategies extended beyond just promotions. Source: News.com.au
January 2025 Updates
  • The ACCC announced that Federal Court proceedings against Coles and Woolworths will begin in March 2025.
  • Consumer advocacy groups pushed for stricter regulations on supermarket pricing transparency following public outcry. Source:ACCC Media Release
December 2024 Updates
  • In response to the ACCC’s allegations, Coles and Woolworths filed court documents denying that their promotions were misleading.
  • The Federal Court confirmed that a hearing date for March 2025 will review the ACCC’s claims.
  • Justice Michael O’Bryan suggested that both supermarkets and the ACCC agree on key pricing facts rather than disputing each of the 250 products involved. Source: The Guardian
October 2024 Updates

The Australian Competition and Consumer Commission (ACCC) initiated legal proceedings against both supermarkets, alleging misleading “Prices Dropped” and “Down Down” promotions. The concise statements filed in court outline the ACCC’s claims:

ACCC v Coles – Concise Statement ( PDF 662.68 KB )

ACCC v Woolworths – Concise Statement ( PDF 727.3 KB )

These documents detail the ACCC’s allegations that both retailers increased prices temporarily before advertising them as discounted, thereby misleading consumers. Source: ACCC Media Release

dailymail.co.uk, Why you could be owed thousands of dollars by Woolworths and Coles, September 29, 2024

Between September 2021 and May 2023, Woolworths and Coles allegedly engaged in deceptive pricing practices, misleading customers with their “Prices Dropped” and “Down Down” promotions.

The ACCC has taken action, raising concerns about how these pricing manipulations impacted Australian shoppers. Carter Capner Law is investigating these practices to determine whether consumers are entitled to compensation for being deceived by these tactics.

Alleged Deceptive Practices:

  • Woolworths and Coles allegedly increased prices by at least 15% for a short period before placing them in deceptive promotional campaigns.
  • The ACCC claims these promotions misled consumers by displaying inaccurate “was” prices, making the discounts appear larger than they actually were. Source:ACCC Media Release

Woolworths + Coles Alleged Promotional Misconduct

Woolworths and Coles are facing serious allegations of deceptive promotional practices. The ACCC alleges both supermarkets manipulated prices to mislead customers with false savings, including their “Prices Dropped” and “Down Down” promotions.

Coles: Household Items
Product NameRegular PricePrice SpikeDiscount’ PriceDiscount’ Price Sting
Dettol Foam Hand Wash Refill Rose & Cherry 900ml (2814625)$7.00$10.50$9.5036%
Glade Sense & Spray Automatic Air Freshener Sheer Vanilla Embrace (3057591)$9.00$14.00$12.0033%
Raid Max Cockroach Baits Traps 12 Pack (9508456)$9.50$13.00$12.0026%
Viva Paper Towel White Select-A-Size 3 Pack (3823600)$4.50$6.50$5.5022%
Fab Laundry Powder Frangipani 1kg (7780189)$4.50$8.00$5.5022%

Woolworths: Selected Categories

Pet Care & Food

Product NameRegular PricePrice SpikeDiscount’ PriceDiscount’ Price Sting
Lucky Dog Bones Original 800g (433643-EA)$4.50$6.50$6.0033%

Personal Care

Product NameRegular PricePrice SpikeDiscount’ PriceDiscount’ Price Sting
Rexona Men Antiperspirant Original 250ml (1079-EA)$5.00$6.50$6.0020%

These misconducts allegedly impacted the prices of everyday items like Arnott’s Shapes, Strepsils, Tim Tams, Moccona coffee, and more. To understand the details of each supermarket’s alleged misconduct, follow the links above.

Key Concerns Being Investigated:

  • Deceptive pricing on hundreds of products at Woolworths and Coles.
  • The financial impact on consumers who regularly shopped at these supermarkets.
  • The broader implications of deceptive pricing in the Australian retail industry.

The alleged facts support a very good class action claim on behalf of consumers Australia wide who regularly shopped at those markets during the relevant periods.

The success of the class action does not depend on the ACCC case against the grocery giants but the evidence the ACCC has collected would be useful. The claim relies on their breaches of the Australian Consumer Law sections 18 (misleading/deceptive conduct), 20, 21 (unconscionable conduct) and 29 (misleading representation re price of goods).

news.com.au, ‘Express outrage’: Chance for class action against Woolworths, Coles, lawyer says, September 29, 2024

Potential Compensation:

If you regularly shopped at Woolworths or Coles during this period, you may be entitled to compensation. Early estimates suggest that households could claim between $2,000 and $5,000, depending on the amount spent and the impact of deceptive pricing.

How to Participate:

If you or your family shopped at Woolworths or Coles between September 2021 and May 2023, you may be eligible for compensation. Register your interest to receive advice about your compensation entitlement and join the class action led by Carter Capner Law.

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By filling out an Expression of Interest (EOI) form, affected consumers can register their intent to stay informed about the class action’s progress and explore their options for compensation due to the misleading sales practices. Please visit Carter Capner Law for further information on privacy and data collection.