Australian Competition and Consumer Commission v Nudie
Foods Australia Pty Ltd  FCA 943
Guidance given to manufacturers as to what the ACCC thinks is
appropriate labelling of fruit content. More on fruit.
The question of how to represent the fruit content in foods and
drink vexes many manufacturers where a mixture of fruits are used
and the predominant flavour may not be the main fruit
In these proceedings, Nudie admitted that it had represented
that its drinks were cranberry juice ("Rosie Ruby") and
cranberry juice with blueberries ("Rosie Blue"). It had
done so in a number of ways. For example, on the Rosie Rubie label
there was a prominent picture of a cranberry on a white background
and no pictorial representation on the label of any other type of
fruit. Signboards on buses, and trams, and street posters also
described Rosie Ruby as "cranberry cloudy juice" and
stated "NOTHING ADDED, NOTHING GAINED (PHEW)".
In fact, both varieties largely comprised of apple juice. For
example, the proportion of cranberry juice in Rosie Ruby was 20
Nudie admitted that it contravened the Trade Practices Act in
first, it had engaged in conduct that was likely to mislead and
deceive those members of the public that purchase fruit juice in
contravention of section 52(1);
second, it had falsely represented that the products were of a
particular composition in contravention of section 53(a); and
third, it had engaged in conduct that was liable to mislead
those members of the public that purchase fruit juice as to the
nature or characteristics of the product in contravention of
Why the case is interesting, however, lies in the orders which
were made by consent, which give manufacturers some guidance as to
what the regulator thinks is appropriate labelling of fruit
content. Justice French make orders restraining Nudie from:
supplying products bearing labels that use a product name or a
description that includes the name of a fruit without identifying
all of the fruits used in making the Nudie Product or alerting the
consumer to the fact that fruit or fruits other than those
identified in the product name or description were used in making
the Nudie Product;
supplying products bearing labels or packaging that display a
picture or a graphic representation of a fruit without including a
picture or graphic representation of every fruit, which contributes
(by way of liquids and suspended solids) used in making the Nudie
Product that comprises more than 5 percent of the Nudie Product by
publishing any advertising or promotional material that
represents that the juice in a Nudie Product consists solely of the
juice of a particular fruit or particular fruits when the Nudie
Product contains the juice of other fruits.
Nudie was also ordered to publish a corrective advertisement on
its website (which was to be viewable immediately on-screen after
the www.lifeisrosie.com.au website is opened) and
to implement an education training and trade practices compliance
program to be consistent with the Australian Standard on Compliance
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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