The Federal Court has ordered Mobil Oil Australia to pay $16 million in penalties for making false or misleading representations about the fuel sold at nine petrol stations in north and central Queensland, in breach of the Australian Consumer Law.
Mobil admitted that for varying periods between August 2020 and July 2024 it made false or misleading claims to consumers through branding and signage which indicated that the fuel being sold was 'Mobil Synergy Fuel' containing certain additives. In fact, Mobil Synergy Fuel was not sold at these nine sites, and the fuel supplied at these sites was the same or substantially the same as unadditised fuel at other non-Mobil retail sites.
These false or misleading representations to consumers were made through a range of signage and branding at the nine petrol stations that promoted the benefits of Mobil Synergy Fuel, with statements such as:
- "Protect your engine from the first fill"
- "[Mobil Synergy Fuels] contain additives designed to improve engine performance by helping vehicle engines run more smoothly"
- "[The additives] help to remove harmful deposits from vital engine parts",
as well as signage comparing Mobil Synergy Fuel to unadditised fuel.
"Petrol is an essential good for most households, and there is no way of knowing what you're putting in your tank other than relying on the signage provided by the retailer," ACCC Deputy Chair Mick Keogh said.
"We considered it very likely that some people chose to fill up at these petrol stations because they thought they were getting a different quality of petrol with particular benefits for their car engine."
"The Mobil Synergy Fuel and Synergy technology signage at the affected sites was a total falsehood, as this petrol wasn't supplied to these sites," Mr Keogh said.
The nine Mobil petrol stations where this conduct occurred were in the north and central Queensland towns and suburbs of Aitkenvale, Barcaldine, Berserker, Biloela, Guthalungra, Proserpine, Rasmussen, Rural View and Yeppoon.
Mobil co-operated with the ACCC, admitted liability and agreed to make joint submissions with the ACCC to the Court about proposed orders, including penalties.
The Court also made declarations and other proposed orders, including that Mobil publish corrective notices, implement a consumer law compliance program, and contribute to the ACCC's costs.
Examples of Mobile Synergy branding and product claims
Background
Mobil Oil Australia Pty Ltd is a supplier of petroleum, diesel and other fuel products to retailers in Australia. It is ultimately owned by the Exxon Mobil Corporation, which is headquartered in Texas, USA.
On 17 December 2024, the ACCC instituted proceedings against Mobil Oil Australia.
The ACCC's case was brought solely against Mobil Oil Australia, not the individual retailers operating the nine sites.
