Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Do Packaging And Labelling Laws Cover In Australia?
Step-By-Step: How To Set Up Compliant Packaging And Labels
- 1) Map Your Product Category And Legal Requirements
- 2) Draft Your Core Content In Plain English
- 3) Check Your Claims Against The ACL
- 4) Incorporate Mandatory Panels, Symbols And Formatting
- 5) Confirm Weights, Measures And Country Of Origin
- 6) Add Your Branding And Legal Notices
- 7) Final Legal Review And Print Proofs
- 8) Keep Records And Update As Needed
- Do I Need Any Licences Or Certifications?
- Selling Online? A Few Extra Things To Consider
- Working With Designers, Printers And Suppliers: Contracts That Help
- Common Packaging And Labelling Pitfalls (And How To Avoid Them)
- Recalls, Complaints And Continuous Improvement
- What Legal Documents Will I Need?
- Key Takeaways
Great packaging does more than protect your product - it tells your brand story, builds trust and helps customers choose you over the competition.
But in Australia, packaging and labelling also carry important legal obligations. From truthful claims and country-of-origin statements to weights and measures, barcodes and recycling information, there’s a lot to get right.
In this guide, we’ll walk you through the key packaging and labelling rules that apply to small businesses in Australia, how to set up compliant labels step-by-step, and which contracts and policies will help you manage risk as you grow.
If you’re feeling unsure where to start, don’t stress - with the right planning and documentation, you can be confident your packaging is both on-brand and compliant.
What Do Packaging And Labelling Laws Cover In Australia?
There isn’t one “Packaging Act” in Australia. Instead, several laws and standards can apply depending on your product, where you sell it and how you present information. At a high level, most businesses should think about:
- Australian Consumer Law (ACL) - Your labels and packaging must not mislead or deceive. This includes claims about ingredients, performance, sustainability, health benefits and pricing. The general prohibition on misleading or deceptive conduct appears in the ACL and is explained in more detail under section 18 and the rules about false or misleading representations under section 29.
- Weights and Measures - If you state quantity (e.g. 500g, 750ml), you must comply with measurement marking rules overseen by the National Measurement Institute (NMI). This includes the format, placement and accuracy of quantity statements.
- Country of Origin - If you make “Made in Australia” or similar claims, you must meet the ACL’s country-of-origin thresholds and be able to substantiate them with evidence (e.g. substantial transformation, proportion of production costs in Australia).
- Pricing - If you print or affix prices to packaging or shelf labels, ensure you comply with advertised price laws, display the total price clearly and avoid drip pricing.
- Industry-Specific Standards - Food, cosmetics, therapeutic goods, hazardous chemicals, electrical products, toys and other categories often have specific labels, warning statements and information panels you must include.
- Environmental and Sustainability Claims - You can promote recyclability, compostability or carbon claims, but you must have reasonable grounds and avoid greenwashing under the ACL. If you use environmental labels (e.g. ARL), follow the program rules.
- Safety and Warning Labels - Where products pose particular risks (e.g. button batteries, age-graded toys, flammable products or allergen risks), mandatory standards may prescribe specific warnings, icons or font sizes.
If you import products, you’re often treated as the “manufacturer” under the ACL. That means you’re responsible for ensuring labels and packaging meet Australian requirements, even if they were designed overseas.
Step-By-Step: How To Set Up Compliant Packaging And Labels
Whether you’re launching a new product line or refreshing your brand, a structured process will save time, cost and rework.
1) Map Your Product Category And Legal Requirements
Start by identifying which regulatory framework your products sit in. Common examples include:
- Food and beverages - Food Standards Code (FSANZ) for Nutrition Information Panels, ingredient lists, allergens, date marking and health claims.
- Cosmetics and personal care - AICIS registration and ingredient labelling requirements, plus any mandatory warnings for certain chemicals.
- Therapeutic goods (e.g. supplements, sunscreens, medical devices) - TGA listing or registration and strict advertising and label controls.
- Household chemicals and industrial products - GHS-compliant hazard pictograms, signal words and precautionary statements.
- Textiles and apparel - Care labelling, fibre composition, and instructions where necessary for safe use.
- Electrical, furniture, toys and other goods - Check for any ACCC mandatory standards and age warnings.
Create a checklist for your category so your design team, suppliers and printers know exactly what must appear and where.
2) Draft Your Core Content In Plain English
Write ingredient lists, instructions for use, warnings, net contents and any claims in clear, easy-to-read language. Keep it accurate and avoid overstating benefits.
If you plan to offer a written promise about repairs or refunds, ensure the wording aligns with a compliant Warranties Against Defects Policy and includes mandated ACL wording where required.
3) Check Your Claims Against The ACL
Run a “misleading or deceptive?” sense-check across every claim, graphic and icon. Ask:
- Do we have solid evidence to support this claim right now (not just hopes or future plans)?
- Could a reasonable customer misunderstand what we’re saying or implying?
- Are any sustainability statements specific, verifiable and not exaggerated?
Honest, evidence-based claims are not just good ethics - they’re a legal requirement. If in doubt, seek an ACL consultation before the print run.
4) Incorporate Mandatory Panels, Symbols And Formatting
Add any required information panels (e.g. Nutrition Information, ingredient lists), font sizes, statement placement and pictograms. Follow any layout rules carefully - many standards specify type size, contrast and proximity to other elements.
5) Confirm Weights, Measures And Country Of Origin
Make sure your net content statements use the correct units (g, kg, ml, L) and measurement marking conventions. If you’re using “Made in” or “Product of” language, confirm you meet the legal test and document your basis (supplier invoices, production records, costings).
6) Add Your Branding And Legal Notices
Include your business name and contact details, batch or lot codes (for traceability) and any brand marks or taglines. To protect your brand, consider registering your name or logo as a trade mark through Register Your Trade Mark and ensure you select the right classes using trade mark classes guidance.
7) Final Legal Review And Print Proofs
Before you print at scale, get a second set of eyes on the artwork. A short, focused legal review can catch issues around mandatory wording, claim substantiation and layout requirements that a designer might not see.
8) Keep Records And Update As Needed
Keep a file with your label versions, claims substantiation (lab test results, certifications, supplier declarations), and approvals. Refresh labels if standards change, suppliers change ingredients or formulations, or you update your claims.
Do I Need Any Licences Or Certifications?
It depends on your product and industry. Some common scenarios include:
- Food businesses usually need state or local council registration and must follow the Food Standards Code. If you make health claims, additional rules apply.
- Cosmetics require AICIS registration for your business and correct ingredient labelling; some products border on therapeutic goods and need TGA approval.
- Chemicals and hazardous goods have labelling and safety data sheet requirements under work health and safety laws and GHS.
- Organic, cruelty-free, fair-trade or compostable certifications are generally voluntary, but if you use a certification trademark or logo, you must be genuinely certified and comply with the scheme rules.
If you’re unsure which regime applies, start with a product map (what it is, what it does, how it’s used) and work with your suppliers to clarify regulatory status. Your Supply Agreement can require suppliers to provide compliance information, ingredient disclosures and prompt notification of changes.
What Laws Do I Need To Follow When Marketing On The Label?
Your packaging is a marketing channel. That means advertising rules apply just as they do to your website or social media.
Truthful And Accurate Claims
Anything you say - from “clinically proven” to “100% recyclable” - must be true and not misleading. The ACL’s core rules about misleading or deceptive conduct and false or misleading representations (see section 18 and section 29) apply to your labels just as they do to your ads.
Pricing And Promotions
If you print prices on the pack or show a “was/now” comparison on a shelf wobbler, your pricing must be clear and accurate. Avoid strike-through discounts that weren’t genuinely offered, and follow the rules explained under advertised price laws.
Country Of Origin
Origin claims are powerful, but you need objective grounds. “Made in Australia” has a specific legal meaning. Keep procurement and costing records in case you’re asked to substantiate the claim.
Environmental And Sustainability Statements
Be specific and verifiable. “Packaging is recyclable in most kerbside programs” is better than a broad “eco-friendly” badge. If you reference standards (e.g. AS 4736 for compostability), ensure your packaging actually meets them.
Safety, Directions And Limitations
Include instructions for safe and intended use, age grading where relevant, and any limitations that matter for risk or performance (e.g. “not suitable for children under 3 years due to small parts”). If you include warranty statements, ensure they align with the ACL and your Warranties Against Defects Policy.
Selling Online? A Few Extra Things To Consider
If customers can buy the product on your website, your on-pack information should be mirrored or expanded online so customers see critical details before purchase.
- Make sure the product page includes accurate descriptions, key warnings and material information about contents, use and limitations.
- Use clear, legally sound online terms. Most businesses will need a Website Terms and Conditions and a Privacy Policy if you collect customer details for orders or marketing.
- Keep pricing consistent between the label and online listings to reduce confusion and ACL risk.
If you wholesale to retailers or marketplaces, align your packaging claims and your product data sheets. A solid Wholesale Agreement can help ensure retailers present your products consistently and notify you about consumer complaints or safety issues.
Working With Designers, Printers And Suppliers: Contracts That Help
Packaging projects involve multiple parties - brand designers, copywriters, printers, packaging suppliers and co-packers. Good contracts help keep everyone on the same page and protect your IP.
- Terms of Trade: Set expectations with customers about deliveries, title and risk, returns and liability - useful if you sell direct.
- Supply Agreement: Lock in quality standards, specifications, change control, compliance warranties and recall responsibilities with your packaging and ingredient suppliers.
- Website Terms and Conditions: Set rules for online sales, disclaimers and IP protections.
- Warranties Against Defects Policy: Ensure any warranty wording on-pack or in-box meets the ACL’s mandatory text and content rules.
- Register Your Trade Mark: Protect your brand name and logo featured on your packaging to reduce the risk of copycats.
It’s also wise to build a simple approvals workflow into your contracts: who signs off on copy, who checks regulatory elements, and who owns responsibility for errors discovered post-print.
Common Packaging And Labelling Pitfalls (And How To Avoid Them)
Even experienced teams can fall into avoidable traps. Keep an eye out for:
- “Future-proof” claims that aren’t yet true - e.g. printing “100% compostable” on a packaging substrate that’s still in R&D. Only print what’s evidence-backed today.
- Ingredient and formulation changes that outpace labels - if a supplier swaps an input, confirm whether ingredient lists, allergen statements or performance claims need updating.
- Country-of-origin claims drifting as your supply chain evolves - review origin statements periodically as cost bases and manufacturing steps move.
- Font size and placement errors on mandatory panels - standards often require minimum type sizes and proximity rules; use a checklist every time.
- Inconsistent pricing or offer details between the label, website and shelf edge - harmonise content and follow pricing display rules.
- Greenwashing - prefer specific statements backed by reputable evidence over broad feel-good claims.
Recalls, Complaints And Continuous Improvement
No one plans a recall, but it’s good governance to be ready. A simple incident procedure helps you respond quickly and appropriately if an issue arises.
- Set up a channel for customer feedback and complaints. Track themes and escalate potential safety issues quickly.
- Keep batch or lot coding on all packs to enable targeted corrective actions.
- Agree with suppliers in your Supply Agreement who leads investigations, who bears costs and how communications will be handled.
- Review your labels periodically. Standards and consumer expectations evolve, so treat your packaging as a living document.
What Legal Documents Will I Need?
Every business is different, but most product businesses will benefit from having these essentials in place:
- Supply Agreement: Sets product specifications, compliance warranties, delivery terms, quality assurance and recall cooperation with your suppliers. Link quality and labelling compliance directly to acceptance and payment milestones. (See Supply Agreement)
- Wholesale Agreement: If you sell to retailers, cover order processes, MAP/RRP guidance, brand presentation obligations and handling of returns or complaints. (See Wholesale Agreement)
- Terms of Trade: For direct B2B customers, set credit terms, delivery risk, limitations of liability and title retention. (See Terms of Trade)
- Warranties Against Defects Policy: Ensure any written warranties on your packaging comply with the ACL’s mandatory wording and notification requirements. (See Warranties Against Defects Policy)
- Website Terms & Privacy Policy: If you sell online, protect your IP, set purchase terms and explain how you collect and use customer data. (See Website Terms and Conditions and Privacy Policy)
- Trade Mark Registration: Secure your brand name and logo that appear on-pack to deter infringement and support enforcement. (See Register Your Trade Mark)
You may not need all of these on day one, but having the right selection, tailored to your product and channels, will reduce risk and make growth smoother.
Key Takeaways
- Packaging and labelling in Australia are governed by multiple laws - especially the ACL, measurement rules and any industry-specific standards for your product category.
- Design your labels with compliance in mind from the start: map the rules, draft in plain English, substantiate claims, and follow formatting and placement requirements.
- Origin, environmental and health claims are high-risk areas - keep records to substantiate them and avoid greenwashing or misleading representations.
- If you sell online, mirror key on-pack information on your website and back it up with strong online terms and a compliant privacy policy.
- Use clear contracts with suppliers and retailers to set quality standards, share compliance responsibilities and manage recalls if needed.
- Protect your brand by registering your trade marks and aligning your warranty wording with ACL requirements.
- A short legal review before printing can prevent costly reprints and compliance headaches later.
If you’d like a consultation on packaging and labelling compliance for your Australian small business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








