Johnny has decided to add a new range of pasta dishes to his
menu. He has placed a large sign on the restaurant window promoting his new
pasta dishes as ‘the best pasta in town, made with all fresh ingredients!’.
Angel, the owner of Angel’s, the Italian restaurant next door, is rather
annoyed about the sign. She has been serving pasta for years. She has accused
Johnny of misleading customers, because she knows that Johnny still uses tinned
olives in his pasta dishes. Johnny’s response is that even if the olives are
from a tin, they are fresh from the tin. Angel has now threatened legal action
under ACL s 18.
(a) Is she entitled to bring such an action?
(b) If so, is such an action likely to succeed?