In a significant legal battle, Coles, an Australian supermarket, is contesting claims by the Australian Competition and Consumer Commission (ACCC) that its 'Down Down' promotions are misleading. This court case, highlighting issues of consumer perception, revolves around whether shoppers understand these promotions as legitimate and long-term discounts rather than temporary price reductions. Coles argues that ordinary consumers interpret these promotions as real reductions in price, which legitimizes the training of their discount language.

John Sheahan KC, who represents Coles, emphasized that consumers are not misled, asserting that when shoppers see 'Down Down' promotions, they acknowledge it as a substantial decrease in price. The case could set a precedent regarding how supermarkets advertise their discounts and the expectations they create for consumers. Furthermore, it raises questions about the regulatory powers of the ACCC in ensuring fair commercial practices in the retail market.

This trial reflects broader concerns about marketing ethics in the retail sector, especially in a competitive environment where clear communication of pricing strategies can influence consumer choices. If the court rules in favor of the ACCC, it could compel Coles and other retailers to reassess their promotion language, potentially leading to stricter guidelines on how discounts are presented to the public.