Simple as it sounds, promoting goods as ‘new’ can be a risky business.
As far as the Australian Competition & Consumer Commission (ACCC) is concerned, the word ‘new’ in respect of goods is taken to mean:
“Not used or repaired or reconditioned, or used in display, and also not old or already known.”
Thus goods with the label “new” must be just that – new.
To avoid allegations of misleading or deceptive conduct in your next advertisement, consider the overall impression of the advertisement in the mind of the target consumer. If the consumer is likely to be led into error by the claims being made, re-think your wording. Sometimes ‘new’ is not necessarily better!