Coles ‘Down Down’ Promotion Class Action
Benjamin Glenn Demery v Coles Supermarkets Australia Pty Ltd
In November 2024, Gerard Malouf and Partners commenced a class action in the Federal Court of Australia, in Victoria, against Coles Supermarkets Australia Pty Ltd. This class action seeks compensation for loss on behalf of the lead applicant, Benjamin Glenn Demery, and group members against Coles in respect of alleged illusory pricing practices that occurred between February 2022 and May 2023. Known as the Demery Proceedings, the case centres on allegations that Coles misled consumers with supposed discounts on hundreds of commonly purchased products, potentially breaching the Australian Consumer Law by making false or misleading representations.
This class action follows legal proceedings started by the ACCC in September 2024, claiming that Coles misled shoppers with discount pricing on hundreds of products. While the ACCC case focuses on penalties, this class action is about securing compensation for affected customers.
Important Update
Opt Out Notice
The Federal Court of Australia has ordered the publication of the Opt Out Notice in relation to the Coles Class Action.
Please read the Opt Out Notice carefully to understand your rights. If you wish to opt out of the class action, you must do so by no later than 4:00 pm AEDT on 21 November 2025.
Court Documents
Current status
On 23 September 2024, GMP Law launched an investigation into a potential class action against Coles (and Woolworths).
As a result of its investigation, GMP Law filed a class action in the Victorian Registry of the Federal Court of Australia on 14 November 2024, seeking financial redress for affected consumers who purchased products at Coles (in-store and online) during February 2022 and May 2023.
GMP Law Chairman, Gerard Malouf, states, “We estimate that the average Australian consumer could be eligible for a refund ranging between $200 and $1,300+, depending on their shopping habits and purchases at these retailers. We believe this class action is an essential move toward safeguarding consumer rights and demanding transparency in retail practices, Australia-wide.”
Coles will face a joint liability trial over allegations of false and misleading representations to consumers about its discount pricing claims. The two-week hearing is scheduled to commence on 16 February 2026.
Opt Out Notice
To understand your rights, please read the Opt Out Notice located in the ‘Important Update’, before the Court-ordered deadline of 4:00 pm AEDT on 21 November 2025.
Developments leading to the Class Action
On 27 September 2024, the ACCC released their Interim Report for the Supermarkets Inquiry.
It revealed:
- The Australian supermarket sector is dominated by an oligopoly
- Coles and Woolworths account for 67% of supermarket retail sales nationally
- The price of a typical basket of groceries has increased by more than 20% in the past five years.
In February 2025, the ACCC released their final report for the Supermarkets Inquiry, recommending, amongst other measures, that supermarkets should be required to publish clear and accurate pricing information that is available conveniently to consumers.
About the class action
This class action concerns serious allegations against Coles in relation to its pricing and promotional practices.
It is alleged that Coles temporarily increased the prices of 255 Affected Products. These items were then placed on ‘Down Down’ promotions at prices that were higher than, or the same as, the regular prices before the temporary increase. The core issues of this class action include:
False and misleading pricing practices: Coles is accused of using ‘Down Down’ tickets in stores and online in a way that may have misled customers into thinking they were getting genuine discounts. It is alleged that the ‘Down Down’ prices were not actually lower than the usual prices (known as the Down Down Representation).
Breach of Australian Consumer Law: The class action alleges that Coles engaged in false or misleading representations in breach of the Australian Consumer Law.
Financial harm to consumers: Consumers relied on the ‘Down Down Representation’ when deciding to buy products, believing they were getting a discount when they were not.
Failure to provide genuine discounts: It is alleged that Coles did not provide genuine price reductions despite advertising products as discounted.
What’s next?
GMP Law is actively progressing the class action, and significant updates will be provided to group members on the progress.
Are you eligible for compensation?
You may be eligible to join the class action and claim compensation if:
- You shopped at Coles in Australia, in-store or online, between February 2022 and May 2023
- Purchased products marked as “Priced Dropped” or “Down Down”.
To register your interest:
- Gather any evidence
- Register with GMP Law.
Substantiating your claims
When you register for the class action, it is helpful to provide the following information, including the date and time of purchases and the prices paid.
Helpful evidence to support your claim includes:
1. Rewards program data
Collecting data from Coles Rewards programs, which track:
- Time and date of purchases
- Pricing information
- Discounts applied.
2. Receipts
Gathering receipts for discounted products as proof of purchase.
Risk-free participation
There is no financial risk in registering with our firm and becoming a class member. We operate on a No Win No Fee basis. You will not incur any legal fees unless we win your case. If successful, the court may order the defendant to cover your legal fees and out-of-pocket expenses.
If the claim is unsuccessful, you will not be personally liable for any costs.
Take action today to ensure your rights are represented and to pursue the compensation you deserve.
We're here to help maximise your compensation
Register to join the class action and stay informed.
