Are You Suggesting Your Product Is Natural?
On 1 April, Go Natural provided undertakings to the ACCC to rename its yoghurt coated products, despite having sold them in the same manner since 1997. The packaging referred to "Berry Pieces in Yoghurt" and "Apricot Pieces in Yoghurt", together with pictures of the fruit. The legal issue lies in the implication that these products contain unprocessed fruit. In fact, they were made using a fruit-based mixture with semolina.
Read the Undertakings? (PDF Document)
Sponsored Links On The Internet Can Be Misleading
The Trading Post admitted allegations against it in Federal Court proceedings involving claims that its sponsored links relating to the key words "Kloster Ford" and "Charlestown Toyota" were misleading and deceptive. The allegation was that this incorrectly implied an approval or affiliation with these car dealerships.
ACCC Appeal Proud Decision On "Was/Now" Pricing
We reported in Issue 10 (March 2008) that the Federal Court handed down a landmark decision on the treatment of "was/now" pricing. The critical point is that retailers can justify that form of discounting if they ticket products with the "was" price or that price is used in catalogues. They do not need to have sold any products at the "was" price, ever. Unsurprisingly, the ACCC has lodged an appeal in the Full Court. The matter is listed for call over on 30 July 2008.
Read the ACCC News Release
Read the Trial Judge's
Decision
Arnott's Fined For Picturing Fruit On Product Packaging
We reported in Issue 7 (November 2007) that the ACCC was prosecuting Arnott's Biscuits for its Snack Right fruit pillow biscuit packaging. On 29 April, Arnott's conceded that its conduct had been misleading and deceptive and consented to orders being made against it. Arnott's undertook to stop manufacturing and supplying Snack Right Biscuits in the offending packaging. The Court ordered Arnott's to publish corrective advertising and to pay $20,000 towards the ACCC's costs. No penalty was imposed.
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.
