Overview
- Coles, which lost a Federal Court case Thursday, was found to have misled shoppers in 13 of 14 sample promotions run under its red “Down Down” tickets.
- Justice Michael O’Bryan said discounts were not genuine because Coles had not sold items at the higher “was” price for long enough, setting a practical minimum of 12 weeks even though the price rises themselves were driven by supplier costs.
- Penalties and other orders will be decided later, with the ACCC saying it will seek a substantial fine and a case‑management hearing listed for June 10.
- Coles acknowledged the ruling and said it is reviewing the judgment, while class‑action lawyers signaled plans to seek refunds for shoppers by using FlyBuys purchase records to identify affected transactions.
- The ruling has industry‑wide stakes with a similar ACCC case against Woolworths still pending, and it is likely to push supermarkets to change how they display “was/now” prices, noting the court did not fault a dog food ticket that showed no “was” price.