ACCC enforcement is increasing and operators need to understand the real compliance risks behind signage, additives, and product claims. In the fuel-retail industry, most operators focus on the visible elements of compliance: pump accuracy, tank integrity, environmental monitoring, and safe operations on the forecourt. In focus currently is an increasingly scrutinised area – and one that many retailers underestimate – the accuracy of fuel claims made at the pump, on signage, in-store, or online.

The Australian Competition and Consumer Commission (ACCC) has made fuel-quality and marketing accuracy a priority in recent years. While inaccurate claims might seem minor compared to underground storage risks or tank decommissioning, the consequences can be significant. Under the Australian Consumer Law (ACL), it is unlawful to make statements about fuel composition, performance, environmental benefit, octane level, or additive packages unless those claims can be fully substantiated.

It has now been close to a year since the ACCC launched legal action against multiple sites operated by a major national fuel retailer after discovering that a fuel product advertised as “premium” was not being dosed with the additive to make so. What makes the case especially significant is not just the allegation itself, but the timeframe – the conduct under investigation is said to have spanned approximately 4 years, not weeks or months. For many operators, that alone is a wake-up call. It shows that regulators are prepared to look backwards, investigate long-running patterns of behaviour, and scrutinise claims that may have gone unchallenged for long periods of time.

The broader lesson for the industry is unmistakable: oversight bodies are actively monitoring the fuel market, responding to consumer concerns, and treating misleading conduct as a serious breach of trust. In outlining its position on the matter, the ACCC made it clear that inaccurate or unsupported fuel claims undermine customers’ ability to make informed choices and disrupt genuine competition. In effect, consumers who believed they were paying for a specific product feature were not given what they expected, and had they known the truth, many may have chosen another supplier. This example stands as a strong reminder that every fuel claim – whether on a pump, a sign, or a website – must be accurate, verifiable and aligned with the actual product being delivered.

The regulator has made it clear: if a claim is on your forecourt, you are responsible for it – even if it originated from a supplier or a previous operator.

Why fuel-quality claims are considered high-risk by the regulator

Fuel is a regulated product. Its composition must meet strict national standards under the Fuel Quality Standards Act 2000, administered by the Department of Climate Change, Energy, the Environment and Water (DCCEEW). These standards set legally enforceable requirements for petrol and diesel, including limits on:

  • sulphur content
  • aromatics
  • benzene levels
  • oxygenates
  • cetane/octane rating
  • allowable additives

Any statement a site makes beyond these legislated specifications, for example, about improved engine performance, cleaning benefits, environmental advantages, or superior formulation – must be supported by credible evidence.

The ACCC has pursued multiple enforcement actions under the ACL for misleading representations about fuel. While cases differ in detail, the common issue is simple: claims were made that could not be demonstrated to be accurate at the point of sale. For operators, that means every sign, decal, pump label, pole-banner, in-store message, or digital advertisement must be correct, current, and evidence-backed.

Where operators commonly get caught out

Here are some common mistakes we have observed across the industry to look out for:

1. Old or leftover signage from previous branding

Sites change suppliers or fuel brands, but outdated claims remain attached to pumps or canopies. Even if the claim is no longer relevant, the operator is responsible.

2. Supplier-provided materials used incorrectly

Marketing materials are sometimes installed without checking whether they apply to that specific product grade or formulation.

3. Staff applying product descriptors inconsistently

A well-meaning staff member may describe a fuel as “premium”, “higher performing”, or “cleaner-burning,” without understanding the legal implications.

4. Environmental benefit claims

Statements about reduced emissions, cleaner engines, sustainability, or biofuel content often trigger scrutiny unless backed by verifiable data.

5. Claims on websites and social media

Under ACL, digital content is treated exactly the same as physical signage. If a site advertises something online, the claim must be true.

6. Mislabelled octane or additive levels

Incorrect RON labelling or claims about detergency/additive packages can lead directly to enforcement action.

In many cases, operators are unaware their signage even counts as a “representation” under consumer law — until the regulator points it out.

The consequences of inaccurate or misleading fuel claims

The risks go far beyond a slap on the wrist. Under the ACL, penalties can include:

  • significant financial penalties for the business
  • penalties for individuals “involved in the conduct”
  • enforceable undertakings
  • mandatory corrective advertising
  • requirements to remove or replace signage
  • ongoing compliance monitoring
  • costly legal and administrative processes
  • substantial reputational damage

A single breach can lead to action, and repeated issues may attract far stronger penalties. The ACCC treats truth in advertising as central to consumer protection, misleading statements (even unintentional ones) are taken seriously.

Why operators cannot rely solely on suppliers or contractors

This is one of the biggest misunderstandings across the industry. Even if a supplier provides marketing material, a contractor installed pump decals, the site was purchased with signage already in place, or a former franchise agreement included branded messaging…you, the operator, are ultimately responsible for ensuring all claims are accurate and compliant under Australian Consumer Law.

What operators should do now to protect themselves

We recommend that every operator perform a Fuel Claim Compliance Audit, focusing on four areas:

1. Pump and Canopy Signage Review

  • Check every label, decal, pole sign, flag, and banner for accuracy.
  • Remove anything outdated or not directly supported by current product data.

2. Internal and Digital Content Review

Ensure your website, social pages, and in-store messaging accurately reflect:

  • fuel types
  • octane levels
  • biofuel blends
  • additive claims
  • environmental impact statements

3. Staff Training

Make sure staff understand that they cannot make promises, guarantees or performance statements not included in approved material. This approach isn’t just best practice – it is what regulators expect.

Talk to Oracle Petroleum about our staff training packages so your team is prepared, supported and an asset to your business, not a liability.

The bigger picture: why accuracy matters beyond compliance

Fuel-quality claims affect:

  • consumer trust
  • brand reputation
  • competitiveness in local markets
  • long-term customer loyalty

Inaccurate claims erode confidence.
Accurate, transparent, compliant claims build authority.

The fuel market is evolving with new additives, lower sulphur limits, changing standards for premium grades, and 2025 fuel-quality reforms. All of this means clarity and accuracy have never been more important.

Our Role: Helping Operators Stay Ahead of Both Regulation and Reputation Risk

Oracle Petroleum’s works with fuel retailers to make sure every claim, every sign, and every digital statement is compliant, accurate and verifiable. Our compliance reviews cover:

  • complete signage inspection
  • pump and product labelling verification
  • documentation preparation for regulatory inspections
  • operator training in ACL-safe communication

We help operators eliminate compliance risks before they become enforcement issues.

Fuel claims might seem small, but the consequences aren’t.

If you want to ensure your site is protected from ACCC scrutiny and avoid the costly impact of misleading fuel representations, we can help you perform a full, site-specific compliance review. Make sure your investment is protected by partnering with compliance specialist like Oracle Petroleum. Book a consultation today.