Country of Origin Claims Under Australian Consumer Law: What to Know

“Australian made.” “Made in Italy.” “Grown in Australia from local and imported ingredients.” If you sell products, chances are you’ve thought about using a country of origin claim to build trust and tell your brand story.

These claims can be powerful. But under the Australian Consumer Law (ACL), they also need to be accurate and properly substantiated - otherwise you risk complaints, reputational damage and penalties.

In this guide, we’ll break down how country of origin claims work in Australia, the rules for common phrases like “Made in” and “Product of,” what evidence you should keep, and practical steps to keep your marketing compliant. We’ll also cover the special labelling rules for food products.

What Is A Country Of Origin Claim Under The ACL?

A country of origin claim is any statement (or impression) that suggests where your product - or its ingredients or components - came from. You’ll see these claims on packaging, product pages, advertising and social media.

Under the ACL, these statements are treated like any other representation to consumers. They must be truthful, not misleading, and you should be able to back them up with evidence.

Two parts of the ACL are particularly relevant:

• Section 18: the general prohibition on misleading or deceptive conduct.
• Section 29: a specific ban on false or misleading representations, including about a product’s place of origin.

There are also “safe harbour” defences for common origin phrases (explained below), and separate mandatory labelling requirements for food products.

The Rules: “Made In”, “Product Of”, “Grown In” And “Packed In”

The ACL recognises that different statements convey different things to consumers. Here’s what each commonly implies, and the conditions you should meet before using them.

“Made In ”

“Made in” tells consumers the product was created there - not just assembled or packaged. To rely on the ACL safe harbour for this claim, your product should be substantially transformed in that country. In plain English, the process carried out there should fundamentally change the product’s nature, identity or essential character.

Examples that usually qualify: turning imported fabric into clothing in Australia; manufacturing electronics from imported components in Malaysia.

Examples that usually don’t: simple mixing, repackaging, or minor assembly that doesn’t change what the product essentially is.

“Product Of ”

“Product of” sets a higher bar than “Made in.” It implies the product’s key ingredients or components originate from that country, and that all (or virtually all) of the production processes occurred there.

Reserve “Product of” for when the raw materials meaningfully come from the country you’re naming and the manufacturing also happens there.

“Grown In ”

“Grown in” is typically used for agricultural goods. It signals that the product was cultivated, raised, harvested or otherwise materially increased in that country. This is common for fresh produce but can also apply to other agricultural products where growth is the defining process.

“Packed In ”

“Packed in” tells consumers where the packaging occurred, not the origin of the contents. If you use “Packed in,” make sure the overall impression isn’t misleading - for example, avoid bold “Packed in Australia” text that could be mistaken for a “Made in Australia” claim unless the label also clearly states the actual origin of the product or ingredients.

Ingredient Percentages And Qualifiers

Claims like “Made in Australia from at least 70% Australian ingredients” can be helpful when your supply chain is mixed. If you make a percentage claim, you should be able to verify the calculation and keep records that show how you arrived at the figure (for example, by cost or weight basis). Avoid rounding up or using estimates you can’t support.

Avoiding Misleading Conduct In Your Marketing

Origin claims don’t just live on a label - they appear across your website, marketplace listings, ads and social media. The same rules apply everywhere: the overall impression must be accurate and not misleading.

Even if individual statements are technically correct, the combination of images, taglines and placement can still cross the line into misleading or deceptive conduct. For instance, a hero image of an Australian farm beside a “Packed in Australia” statement could mislead consumers into thinking the product was grown here when it wasn’t.

It’s smart to build an internal sign-off process for origin claims used in ads, product pages and packaging. Many businesses also get a professional Website Copy Review to check that wording, qualifiers and footnotes are clear and compliant, especially before launching a new range or rebrand.

If you advertise prices or promotions alongside origin statements, remember your general advertising obligations under the ACL still apply - your pricing, savings claims and inclusions should be accurate and transparent, consistent with Australia’s advertised price laws.

How To Substantiate Your Claim (And Prove It If Asked)

You don’t have to pre‑submit evidence for approval, but you should maintain records that support whatever you’re saying. If the ACCC or a regulator asks you to substantiate a claim, you’ll be glad you prepared.

• Map your supply chain: document where materials, ingredients and components are sourced, and where each production step occurs.
• Define your claim precisely: decide whether you’re saying “Made in,” “Product of,” “Grown in,” “Packed in,” or a percentage-based statement - each has different expectations.
• Keep supplier documentation: obtain written declarations or specifications from suppliers about origin, and update them if suppliers change.
• Record your calculations: if you use percentage claims (e.g. “from at least X% Australian ingredients”), keep the method and working papers that show how you calculated the percentage.
• Maintain version-controlled artwork: archive label designs, web pages and ad creatives so you can show exactly what consumers saw at a given time.
• Review changes promptly: if any part of your supply chain changes, review your labels and product pages before shipping the next batch.

For more complex campaigns or multi-country manufacturing, it’s worth speaking with a Consumer Lawyer to sanity check your approach before you launch.

Making Country Of Origin Claims For Food Products

Food has extra, specific labelling rules in Australia. In addition to the ACL requirements above, many foods must include a standardised country of origin label under the Country of Origin Food Labelling Information Standard.

In practice, this means you’ll often see a kangaroo logo with a bar chart and a statement such as “Made in Australia from at least X% Australian ingredients” or “Packed in Australia from imported ingredients.” The formatting and wording are prescribed so consumers can easily compare products.

Key tips for food businesses:

• Confirm whether your product is a “priority” food that must carry the standard label format, or a non‑priority food (like seasoning or confectionery) with different requirements.
• Be careful with percentages: ensure your percentage of Australian ingredients is calculated using the required method and is kept current if recipes or suppliers change.
• Use clear qualifiers: if ingredients change seasonally, consider wording such as “from at least X% Australian ingredients (varies seasonally)” - provided you can support it and it’s permitted for your product type.
• Keep your documentation organised: regulators may ask for the data that supports your label, including sourcing and calculation methodology.

Origin statements for food still need to comply with the ACL’s general rules against false or misleading representations under section 29, as well as the specific food labelling requirements.

Penalties, Complaints And ACCC Enforcement: What Happens If You Get It Wrong?

If an origin claim is wrong or misleading, several things can happen. Consumers can complain to you or to regulators. The ACCC can investigate and seek outcomes that may include warnings, infringement notices, court-enforceable undertakings, corrective advertising, or court action for contraventions of the ACL.

Penalties for serious breaches can be significant, and the reputational damage from a recall or correction campaign can be even more costly. Often, issues arise because the overall impression created by the packaging or campaign goes further than what the supply chain can support - a classic misleading conduct problem rather than an intentional misstatement.

Good governance reduces risk. Build review gates into your marketing process, train your team on the differences between “Made in” and “Product of,” and keep your substantiation files up to date. If you do discover an error, act quickly: pause the claim, assess scope, and seek legal advice about corrective steps.

Practical Checklist For Compliant Origin Claims

• Decide the correct type of origin statement for your product: “Made in,” “Product of,” “Grown in,” “Packed in,” or a percentage-based variant.
• Audit your supply chain and document where materials and processes occur.
• Draft wording that matches your evidence and doesn’t overstate the claim.
• Use clear qualifiers where needed (e.g., for seasonal or variable sourcing), without burying critical info.
• Set up an internal sign-off process for packaging, product pages and ads.
• Keep records that substantiate the claim (supplier declarations, calculations, artwork versions).
• For food, apply the standardised country of origin label if required and keep your percentage calculations current.
• Schedule regular reviews, especially when suppliers, recipes, or manufacturing locations change.
• Get a pre‑launch review of your wording and creatives through a Website Copy Review or tailored advice from a Consumer Lawyer.

Key Takeaways

• Country of origin claims are powerful marketing tools, but they’re regulated - your statements must be accurate and supported by evidence.
• “Made in” requires substantial transformation in that country, while “Product of” and “Grown in” set a higher bar about where key inputs and processes occurred.
• Food products have extra, standardised labelling rules; keep your percentage calculations and documentation up to date.
• The ACL’s general misleading conduct rule in section 18 and specific origin representation rule in section 29 both apply to origin claims across labels, websites and ads.
• Build a robust substantiation file and implement internal sign-offs to reduce risk of complaints, enforcement and penalties.
• When in doubt, get your wording and creatives checked - a quick review now is far cheaper than a correction later.

If you’d like a consultation on country of origin claims and ACL compliance for your products, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.