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Jayco in Court Over Allegedly Misleading ‘Off-Road’ Advertising Claims: What Australian Manufacturers and Retailers Need to Know

Updated: Aug 6, 2025

Published: 23 June 2025 | Source: ACCC Media Release – 12 June 2025

 

Australia’s largest caravan manufacturer, Jayco Corporation Pty Ltd, is facing Federal Court proceedings over advertising that the ACCC alleges misrepresented certain recreational vehicles (RVs) as being suited to “off-road” and 4WD conditions — when they were not.


The ACCC alleges that consumers were misled by Jayco’s use of off-road imagery and claims such as “designed specifically for off-road adventures” and “tackle just about any terrain,” despite the fact that these RVs were not designed for such use and were not covered under warranty for off-road conditions.


At Bane Legal Services, we help businesses like manufacturers, franchisors, and retailers find the right commercial lawyers for consumer law compliance, advertising review, and warranty structuring. We’re not a law firm — we’re your trusted legal matchmaking partner backed by over 30 years of business experience.

 

What the ACCC Alleges


The ACCC’s case targets Jayco’s promotion of three of its RV lines: the Outback, All Terrain, and CrossTrak models. The Commission claims that since January 2020, Jayco:


  • Advertised RVs as “off-road” capable, using imagery and descriptions involving rocky roads, beaches, unsealed tracks, and remote 4WD-only locations.

  • Failed to disclose (or adequately disclose) that these RVs were not designed for the off-road conditions shown.

  • Did not cover off-road use under its product warranties — despite promoting the RVs as capable of tackling “the road less travelled.”

  • Used promotional phrases such as:

    • “Purpose-built off-road hybrid RV”

    • “Can tackle just about any terrain”

    • “Our toughest off-roader”

    • “All Terrain”


The ACCC argues that these representations may have deprived consumers of the opportunity to make informed purchasing decisions, potentially leading them to pay a premium price for vehicles that could not safely or reliably be used in the advertised conditions.

 

Why This Case Matters for Product-Based Businesses


ACCC Deputy Chair Mick Keogh made the Commission’s position clear:

“When a product is depicted in advertisements in a particular setting… consumers have a right to expect such images and words reflect the intended use of the product.”


This case highlights an essential truth under Australian Consumer Law (ACL):

  • Words matter.

  • Images matter.

  • Your warranty terms matter.


And all three must align to avoid the risk of court action or penalties.

For franchisors, manufacturers, and distributors — especially in high-value, big-ticket industries like vehicles or recreational equipment — this is a timely reminder to review all promotional material, both print and digital, for consistency, legal accuracy, and transparency.

 

Penalties and Remedies Sought


In this matter, the ACCC is seeking a wide range of remedies, including:

  • Declarations that Jayco breached the ACL

  • Monetary penalties

  • Injunctions restraining future misleading conduct

  • Compliance program orders

  • Corrective publication orders

  • Legal costs


Jayco has faced ACCC scrutiny before. In 2021, the company was ordered to pay $75,000 for a separate misleading representation about consumer guarantees — reinforcing the need for robust legal review of advertising and warranty practices.

 

Don’t Wait for a Courtroom Wake-Up Call


Whether you’re promoting caravans, fitness equipment, cosmetics, or electronics — the expectations under the Australian Consumer Law are clear:

  • Advertising must not mislead or deceive

  • Visuals must match product capabilities

  • Warranties must be consistent with advertised use


If there’s a mismatch, your business could face significant reputational and financial risk — especially in highly regulated or competitive markets.


At Bane Legal Services, we don’t provide legal advice. But we work with a trusted network of Australian consumer and commercial lawyers who do — and we can connect you with the right one for your business, fast.

 

Want to get your product advertising and warranties reviewed before your next campaign?


Let’s talk — your first consultation with our team is free.

 

Disclaimer: This blog is based on a media release by the Australian Competition and Consumer Commission (ACCC). Bane Legal Services is not a law firm and does not provide legal advice. We connect Australian businesses with experienced commercial lawyers who do.


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