Vorwerk Australia Pty Ltd, trading as Thermomix in Australia, has paid $79,200 in penalties after the ACCC issued it with four infringement notices for allegedly making false or misleading representations to consumers online, suggesting two of its household appliances were endorsed by the National Disability Insurance Scheme (NDIS).
In November 2024, the ACCC put businesses on notice of its focus on problematic advertising practices targeting NDIS participants. Since then, it has taken compliance and enforcement action against a number of businesses.
The ACCC alleges that in November 2024 and March 2025, Thermomix made false or misleading representations on its website promoting the Thermomix TM6 cooking product and Kobold cordless vacuum and mop as being endorsed through the NDIS or registered by an entity administering the NDIS.
This included allegedly describing the products as 'NDIS approved', 'NDIS-registered product', 'NDIS-consumables', 'NDIS assistive technology', and 'NDIS equipment'.
"The NDIS does not provide specific approval for any particular goods or services. Each NDIS participant has unique needs, and what's funded under their plan is determined individually, not through a list of approved products. There are no categories of goods or services which are automatically NDIS approved or funded for all NDIS participants," ACCC Chair Gina Cass-Gottlieb said.
"Misleading consumers experiencing vulnerability or disadvantage is of concern to us, and we will not hesitate to take appropriate action."
The Australian Government's NDIS (Fair Price and Australian Consumer Law) Taskforce is comprised of the ACCC, the NDIS Quality and Safeguards Commission and the NDIA. The taskforce was established in December 2023 to address potential breaches of Australian Consumer Law amid concerns that NDIS participants were being charged more for goods and services than other consumers.
Any person who thinks a business has made false or misleading statements about products or services, including whether they are endorsed or approved by the NDIS, or who considers their consumer rights have not been met, can make a report to the ACCC.
Further information for NDIS participants is available on the ACCC website.
Note
The ACCC can issue an infringement notice when it has reasonable grounds to believe a person or business has contravened certain consumer protection provisions in the Australian Consumer Law.
The payment of a penalty specified in an infringement notice is not an admission of a contravention of the Australian Consumer Law. The Australian Consumer Law sets the penalty amount.
What false or misleading advertising about the NDIS might look like
Examples of concerning advertising that may be false or misleading include:
- The use of the words 'NDIS approved' as the NDIS does not have the function of approving or endorsing particular goods or services.
- Advertising suggesting NDIS funds will cover "all inclusive" holidays, when general costs associated with holidays would not be covered by NDIS funding.
- Meal delivery services suggesting the cost of meals is covered by the NDIS, when the NDIS does not cover food expenses.
- Advertising that provides instructions on how to use NDIS funding codes to cover costs of recreational services that are not covered by the NDIS - for example, going to the movies or a theme park.
- Advertising that suggests a business is affiliated or endorsed by the NDIS, by using NDIS in its business name or in the description of its services, for example 'NDIS therapies'.
Background
Vorwerk Australia Pty Ltd is the sole Australian distributor of Thermomix products in Australia and the owner of TheMix Shop, an ecommerce store for Thermomix and Kobold products.
In November 2024, Vorwerk International AG, the Germany-based manufacturer of Thermomix and Kobold appliances, completed an acquisition of The Mix Australia Pty Ltd, which held the sole official licence to distribute Thermomix appliances in Australia and operated the ecommerce store TheMix Shop. After the acquisition, The Mix Australia Pty Ltd was renamed as Vorwerk Australia Pty Ltd.
In December 2024, the ACCC instituted proceedings against registered NDIS provider Ausnew Home Care Service Pty Ltd, for alleged false and misleading representations, including statements that certain products were 'NDIS approved' relating to aged care and disability products. The matter remains before the Court.
Last week, Bedding retailer Bedshed paid $39,600 in penalties for allegedly making false and misleading representations that some of the products it sold were 'NDIS approved' and 'NDIS permitted'.
