CORRECTIVE NOTICE ORDERED BY THE FEDERAL COURT OF AUSTRALIA – BREACHES OF THE AUSTRALIAN CONSUMER LAW

The Federal Court found that Emma Sleep Southeast Asia Inc and Emma Sleep Pty Ltd made false or misleading representations about the savings available on its mattresses, bed frames, pillows and accessories.Following legal action by the Australian Competition and Consumer Commission, the Federal Court of Australia has imposed penalties totalling $15,000,000 on Emma Sleep Southeast Asia Inc and Emma Sleep Pty Ltd (together, Emma Sleep), declaring that they engaged in misleading or deceptive conduct and made false or misleading representations, in contravention of the Australian Consumer Law.Between 15 June 2020 to 27 March 2023, Emma Sleep made savings representations to consumers by:• displaying a higher price in strikethrough form; and• advertising products as being subject to a percentage discount or a savings discount,when in fact the products had not been, or had almost never been, offered for sale at the higher price.Emma Sleep also made representations that sale prices were only available for a limited time, using countdown timers and limited time statements, when in fact the countdown timer reset, or products continued to be on sale for the same or similar discount.