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Title : Samsung accused of misleading ads on Galaxy phone's 'water resistance'
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Samsung accused of misleading ads on Galaxy phone's 'water resistance'

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Samsung Electronics Australia is being taken to the Federal Court for allegedly misleading consumers about the water resistance of its 'Galaxy' mobile phones.

The company advertised that its Galaxy phones are water resistant for 30 minutes at a depth of up to 1.5 metres.

Its advertising also made consumers believe their phones would continue working even if they were exposed to all types of water, when that was not the case, the Australian Competition and Consumer Commission (ACCC) alleges.

The ACCC noted, in particular, Samsung's advertisements showed its phones being used in non-fresh water environments including the ocean and swimming pools.

However, the small print on Samsung's website reveals that its Galaxy S10 phones (which are sold for $1,199 and above) were only tested in "fresh water" conditions.

Samsung's terms also reveal its phones are: "Not advised for beach or pool use", and "water or dust damage [is] not covered by warranty".

As part of its case, the ACCC will rely on more than 300 advertisements — across TV, social media, online, billboards and brochures — from Samsung, showing off their phones' water resistant capabilities in these typically salt water environments.

Essentially, the regulator argues Samsung had no reasonable basis to make some of its claims.

In particular, the ACCC alleges the company did conduct tests (or "sufficient" tests) on how non-fresh water exposure could affect the phones' life cycle.

"Samsung itself has acknowledged that water resistance is an important factor influencing Australian consumer decisions when they choose what mobile phone to purchase," ACCC chairman Rod Sims said.

He also said the company's advertisements "denied consumers an informed choice and gave Samsung an unfair competitive advantage".

"Samsung showed the Galaxy phones used in situations they shouldn't be to attract customers."

Samsung has sold more than four million Galaxy branded phones in Australia.

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