Australian Competition and Consumer Commission v
Arnott's Biscuits Ltd  FCA 590
ACCC continues to see claims involving fruit as a
Consent orders represented commercial solution with Arnotts
being allowed three months to trade out existing stock.
For some time now, the ACCC has been giving attention to
representations involving fruit on food packaging and in labelling
(see for example Australian Competition and Consumer Commission v
Cadbury Schweppes Pty Ltd  FCA 516). Each decision will turn
on a consideration of its own facts. However, this decision is
another salient example that the ACCC will look at the overall
impression in deciding whether packaging is misleading and
The fruit claims
Arnotts supplied various biscuits called "Arnott's
Snack Right fruit pillows" in different varients. The words of
the varients, for example "Apple & Blackberry",
appeared in a large and prominent font on the top and front of the
No other fruit was referred to in the name of the biscuit;
prominent pictorial representations of the variant types appeared
on the front and sides of the package, no pictorial representations
of any other fruit appeared on the package. Whatever the varient,
the majority of the fruit in the filling was sultanas.
The ACCC alleged that this conduct was likely to mislead or
deceive contrary to section 52(1) Trade Practices Act, falsely
represented that the biscuits were of a particular composition,
contrary to section 53(a), and constituted conduct that was liable
to mislead the public as to the nature or characteristics of the
biscuits, contrary to section 55 of the Act.
By consent, the court ordered that:
1. The Respondent cease manufacturing and supplying the Snack
Right biscuit products in the offending packaging within three
months from the making of these orders.
2. The Respondent not supply fruit pillow or fruit slice-type
biscuits in the formulation of the Snack Right biscuits in
packaging that conveys the overall impression, whether by words,
images or a combination of words and images that the filling in the
a. consists predominantly of a particular fruit or particular
b. includes a not insubstantial proportion of a particular fruit or
particular fruits, unless:
i. the filling consists predominantly of the particular fruit or
particular fruits; or
ii. the filling includes more than an insubstantial proportion of
the particular fruit or particular fruits.
3. The Respondent publish a corrective notice on the "Our
Products" page of the Respondent's website (www.arnotts.com.au ) for a period of six months
from the making of these orders.
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