ACCC takes Samsung to court

Alleging misleading advertising claims.

The Australian Competition & Consumer Commission has instituted proceedings in the Federal Court against Samsung alleging it made false, misleading and deceptive representations advertising the water resistance of various Galaxy branded mobile phones. However, Samsung said it would defend the court proceedings

According to the regulator, since February 2016, Samsung has advertised on social media, online, TV, billboards, brochures and other media that the Galaxy phones are water resistant and depicted them being used in, or exposed to, oceans and swimming pools.

“The ACCC alleges Samsung’s advertisements falsely and misleadingly represented Galaxy phones would be suitable for use in, or for exposure to, all types of water, including in ocean water and swimming pools, and would not be affected by such exposure to water for the life of the phone, when this was not the case,” ACCC chair Rod Sims said.

Samsung said it stands by its marketing and advertising of the water resistance of its smartphones. “We are also confident that we provide customers with free-of-charge remedies in a manner consistent with Samsung’s obligations under its manufacturer warranty and the Australian Consumer Law.”

Samsung has sold more than four million Galaxy branded phones in Australia.

The phones subject to the ACCC’s case include the S10e, S10, S10 Plus, S9, S9 Plus, S8, S8 Plus, S7, S7 Edge, Note 9, Note 8, Note 7, A8, A7, and A5, manufactured between 2016 and 2019.

The regulator is seeking penalties, consumer redress orders, injunctions, declarations, publication orders, an order as to findings of fact, and costs.

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