Product Description

What Is a Product Description?

A product description is a written statement that outlines the features, specifications, and intended use of an item you are selling. In the Australian market, this text serves two distinct purposes. First, it acts as a marketing tool to persuade a customer to buy. Second, and perhaps more importantly, it serves as a legal representation of the goods.

Under Australian Consumer Law (ACL), the description you publish creates a binding contract with the buyer. It is not just fluff or filler. Whether you are a tradie selling custom cabinetry, a retailer dropshipping electronics, or a manufacturer supplying industrial parts, the description sets the standard for what the customer is legally entitled to receive.

If you sell online through platforms like Shopify or WooCommerce, or provide quotes via invoice templates, the product description is often the primary evidence of what was promised. It defines the quality, model, and characteristics of the product. Because of this, accuracy is critical. A vague or exaggerated description can lead to breaches of the Competition and Consumer Act 2010 (Cth) and significant penalties.

When to Use This Document

You need a robust product description whenever you offer goods to the public or other businesses. This applies to both physical goods and digital products.

E-commerce Listings

If you run an online store, every product page requires a description. This includes marketplaces like eBay, Amazon Australia, or your own website. Here, the description must inform the consumer and comply with search engine optimisation (SEO) practices without misleading them.

B2B Quotations and Procurement

For business-to-business transactions, product descriptions appear in quotations and catalogs. In industries like construction and manufacturing, these descriptions are often technically dense. They must reference Australian Standards (AS/NZS) to ensure the materials meet Building Code of Australia (BCA) requirements. For example, a timber supplier must specify stress grades according to AS/NZS 2878 to ensure the timber is fit for structural use.

Point of Sale and In-Store Signage

Even in physical retail locations, descriptions are used on shelf talkers, labels, and catalogues. The same legal requirements apply to a small sign in a local hardware store as they do to a global website.

Custom Orders and Quotes

When using a quote template for bespoke work, the "Scope of Works" or "Materials" section acts as the product description. If you are a landscaper describing specific pavers or a plumber specifying a hot water system, that text must accurately reflect the goods you intend to supply.

Key Sections and Required Elements

To ensure your descriptions are both effective and legally compliant, you should structure them clearly. Below are the essential components of a compliant product description in Australia.

Product Identification and Country of Origin

You must start with the basics. This includes the full product name, model number, and SKU. If you are making a claim about where the product came from, you must be careful. Claims like "Made in Australia" are regulated by the Australian Consumer Law. For the product to legally carry this label, it must have been substantially transformed in Australia and at least 50% of the production costs must be incurred here.

For food items, you must also comply with the Australia New Zealand Food Standards Code. This standard requires specific country of origin labelling, often in the form of a bar chart and text statement.

Material Specifications and Compliance Marks

This section is vital for technical and safety goods. You need to list the materials used, such as "Australian Steel" or "Low VOC Paint." More importantly, you must reference relevant compliance marks.

• Regulatory Compliance Mark (RCM): If you are selling electrical equipment, the RCM shows that the item meets electrical safety and electromagnetic compatibility (EMC) requirements.
• Australian Standards (AS): Referencing standards (e.g., meeting AS/NZS 1067 for sunglasses) proves that the product has been tested to specific safety benchmarks.

Including these marks in your description helps build trust and demonstrates that you have done your due diligence regarding safety.

Intended Use and Safety Warnings

Under Work Health and Safety (WHS) laws, a person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the provision of safe plant. This means you must provide adequate information about the safe use of the product.

Your description should clearly state the intended purpose. If a product is not suitable for a specific use, you must say so. For instance, a ladder description must state the maximum weight load and working height. Failing to provide this information could lead to injuries for which you may be liable.

Disclaimer Regarding Images and Variations

It is common practice in Australian e-commerce to include a disclaimer about images. Computer monitors display colours differently, and natural materials like timber or stone vary in grain and shade.

To protect yourself from claims of misleading conduct, include a clause such as "Images are for illustration purposes only. Actual product colours and finishes may vary slightly." This helps manage consumer expectations and reduces the risk of disputes under the ACL.

How to Write a Product Description (Step by Step)

Writing a description that sells while staying on the right side of the law requires a structured approach. Follow these steps to create a document that works for your business.

Step 1: Identify Your Buyer

Are you selling to a homeowner (B2C) or a contractor (B2B)? The language and detail level will differ. A B2B buyer usually needs dense specifications, tolerances, and compliance data. A B2C buyer needs clear benefits and safety instructions. Tailor your tone to suit the audience.

Step 2: List the Features and Benefits

Start with a list of physical features. Then, translate those into benefits. For example, a feature of a paint might be "Low VOC." The benefit is "Safer for your family and the environment." This step is about persuasion. However, you must ensure every benefit is true and substantiable. Do not claim a benefit the product cannot deliver.

Step 3: Incorporate Technical Specifications

Measurements, weight, dimensions, and technical data must be accurate. Use metric units (millimetres, kilograms, litres) as is standard in Australia. If you are selling building supplies, ensure your measurements align with the Building Code of Australia. Inaccurate measurements can render a product useless for the buyer and breach your consumer guarantees.

Step 4: Check SEO and Keywords

Use keywords that Australians actually search for, such as "Colorbond fencing lengths" or "compliant safety boots." However, you must balance SEO with legal compliance. Do not use a brand name in your description if you are selling a generic equivalent. This misleads consumers and is a breach of Section 18 of the ACL.

Step 5: Add Mandatory Safety Information

Check if your product falls under a mandatory safety standard. Items like children's toys, pool gates, and sunglasses have strict information requirements. If the law requires a specific warning label, that warning must appear in your product description. For example, children's nightwear must carry a fire hazard warning.

Step 6: Review and Refine

Read the description from the perspective of a reasonable consumer. Does it exaggerate? Is it ambiguous? If there is room for misinterpretation, rewrite it. Ensure you have included all necessary disclaimers about stock availability and colour variations.

Common Mistakes to Avoid

Australian businesses often fall into traps when writing product descriptions. Avoiding these mistakes will save you from fines and reputational damage.

Disclaiming Consumer Guarantees

A common error is including text like "No Refunds" or "We accept no responsibility for faulty goods." Under the ACL, specifically sections 51 to 53, you cannot contract out of consumer guarantees. These phrases are void and illegal. If a product is defective, the customer is entitled to a repair, replacement, or refund. Using these illegal disclaimers can attract fines from the ACCC.

Bait Advertising

Bait advertising occurs when you promote a product at a low price to attract customers but do not have reasonable stock available or refuse to supply it at that price. This is a breach of Section 29 of the ACL. If you are running a sale, ensure you have enough stock to meet the anticipated demand or clearly state that stock is limited.

Using "Waterproof" vs "Water Resistant"

Specificity in language is crucial. Claiming a jacket is "waterproof" when it is only "water resistant" is misleading. If a product has limitations, state them clearly. Legal disputes often arise when sellers overstate the performance capabilities of a product. Be precise about what the product can withstand.

Ignoring Mandatory Information Standards

Selling regulated goods without the required information is a serious breach. For example, selling sunglasses without the lens category (e.g., Category 3 for strong sun) breaches the mandatory standard. Always check the Product Safety Australia website to see if your product requires specific disclosures.

Using Complex Language

While legal accuracy is important, your description must be understood by the average person. The ACCC uses the "reasonable consumer" test. If a description is full of jargon or hidden terms in fine print that mislead the consumer, you may still be found in breach of the law. Write plainly and clearly.

Legal Considerations (AU)

When you write a product description, you are creating a legal representation. Here are the key laws and standards you need to know.

Australian Consumer Law (ACL)

The ACL is located in Schedule 2 of the Competition and Consumer Act 2010 (Cth). It applies to all businesses in Australia.

• Misleading or Deceptive Conduct (Section 18): You must not engage in conduct that is misleading or deceptive, or is likely to mislead or deceive. Your product description creates a representation regarding the product's nature, characteristics, and suitability.
• False Representations (Section 29): It is unlawful to make false or misleading representations about the standard, quality, value, grade, composition, style, or model of goods.
• Consumer Guarantees (Sections 54-56): The description forms the basis of "fitness for purpose." If a customer relies on the description to choose the product for a specific purpose, you are legally bound to ensure the product matches that description. This applies regardless of your business size.

Work Health and Safety (WHS) Duties

Under the Work Health and Safety Act 2011 (Cth) and state equivalents, such as the WHS Act 2011 (NSW), you have a duty to provide safe products. This includes providing adequate information about the safe use of the product to prevent risks to end-users. If your product description omits critical safety warnings, you could be breaching WHS laws if an injury occurs.

Privacy Act 1988

If your product involves "Smart" technology or collects personal data, you must consider the Privacy Act 1988. While small businesses with a turnover of less than $3 million AUD are generally exempt, there are exceptions. If your product description page collects analytics or uses cookies, or if the product itself trades in personal information, you must comply with privacy obligations regarding how that data is handled.

Industry Specific Regulations

Certain industries have additional layers of regulation. For example, the therapeutic goods industry is regulated by the TGA (Therapeutic Goods Administration). Descriptions for medicines or medical devices must be approved and cannot make unsubstantiated health claims. Similarly, financial products have strict disclosure requirements under ASIC regulations.

Frequently Asked Questions (preview)

Do I need to include the Australian Standard number in my description? It is not always legally mandatory to list the standard number, but it is highly recommended for safety products. It shows that you have tested the product against a recognised benchmark. For some building products, compliance with the BCA effectively requires compliance with specific Australian Standards, so referencing them helps prove your goods are fit for purpose.

Can I use a manufacturer's description directly? You can, but you are responsible for it. Under the ACL, you cannot blame the supplier or manufacturer for misleading information you publish to your customers. Before copying a manufacturer's blurb, verify that all claims are accurate and comply with Australian law.

What happens if I make a mistake in a description? If the mistake is minor and unlikely to mislead (like a small typo), it is usually not a major issue. However, if the mistake misrepresents the product (such as listing the wrong dimensions or material), the customer may be entitled to a remedy under the consumer guarantees. You should correct the error immediately and offer a refund or replacement to anyone who bought the item based on the incorrect information.

Are stock level warnings required? If you have limited stock, you should state it clearly. Failure to do so can lead to accusations of bait advertising if you cannot fulfil the orders. Phrases like "Limited stock available" help manage expectations.

Do I need a lawyer to check my descriptions? Not for standard products. Using plain language and sticking to the facts is usually sufficient. However, if you are in a heavily regulated industry like medical devices, construction, or financial services, seeking legal advice is a wise investment to avoid hefty fines.