The Australian Competition and Consumer Commission has recently released the Food Labelling Guide, which has been designed to ensure food and beverage marketers are aware of their obligations to ensure all advertising and food labels are accurate. Any misleading information on packaging or in advertising is pursued by the ACCC under the Trade Practices Act. The Guide is a supplement to the competition regulator’s 2006 publication – Food and beverage industry: food descriptors guideline... ...Read more »

The Australian Competition and Consumer Commission has instituted proceedings in the Perth Federal Court against Harvey Fresh (1994) Pty Ltd alleging misrepresentations about the origin of some cheese products. The ACCC alleges Harvey Fresh represented the place of origin of its one kilogram blocks of Matured Cheese and Semi Matured Cheese as being the south west of Western Australia when it was actually produced in Victoria. It is the second time in just over a year that they have come under scrutiny... ...Read more »

Creeping acquisitions, the notion of large companies purchasing small businesses to beat competition law, are under the spotlight following the release of the Federal Government’s latest discussion paper on the issue. The idea of strengthening the Trade Practices Act with a “creeping acquisitions” provision was a recommendation that came out of the ACCC’s Grocery Price Inquiry last year. The ACCC’s concern was that the current competition laws gave no power to stop many... ...Read more »

Doughnut maker Krispy Kreme has agreed to banish the name Iced Dough-Vo from their new ‘Australiana’ range from May 11 after being threatened with legal action by Arnott’s. A letter was sent by lawyers on behalf of Arnott’s to Krispy Kreme last week requesting the US-owned chain stop selling their Iced Dough-Vo offering due to claims it violated their Iced Vo-Vo trademark – which they first registered in 1906. The product was added as part of an Australiana theme running... ...Read more »

Arnott’s, Australia’s largest biscuit supplier, is threatening legal action against donut chain Krispy Kreme for alleged violation of their “Iced Vo-Vo” trademark – which they first registered in 1906. Arnott’s lawyers have sent a request to Krispy Kreme to cease the use of the “Iced Dough-Vo” for one of their new range of donuts by no later than 5pm today, the ABC reported. The Iced Dough-Vo is one of a range of Australian flavours the donut retailer... ...Read more »

On 2 April 2009, Coca-Cola South Pacific Pty Ltd entered into court-enforceable Undertakings with the Australian Competition and Consumer Commission (ACCC) whereby the company was compelled to concede that its ‘Myth-busting’ advertisements potentially misled or deceived consumers, potentially breaching Section 52 of the Trade Practices Act 1974. This article explores the ACCC action and highlights the key differences between Sections 52, 53 and 55 of the Trade Practices Act, discussing... ...Read more »

The Consumer Affairs Minister, Chris Bowen MP, yesterday released the draft industry code to implement a mandatory unit pricing scheme. “This code – once enacted – will create a nationally‑consistent unit pricing scheme, so that all Australian consumers can have access to prominent, legible and unambiguous unit pricing information when they do their weekly grocery shop,” Mr Bowen said. The code was based upon the framework previously announced in January, with stakeholder... ...Read more »

On World Consumer Rights Day 2009, held yesterday, the Australian Competition and Consumer Commission reminded the food and beverage industry that its marketing must be accurate and truthful. “It doesn’t matter how you communicate with consumers – whether it is through advertising, sponsorship, packaging, logos, or nutritional claims – the information provided must not mislead and it must not deceive,” ACCC Deputy Chair, Mr Peter Kell said. World Consumer Rights Day... ...Read more »

Darrell Lea has taken another victory over Cadbury in the courts, with the Federal Court yesterday dismissing the first grounds of Cadbury’s appeal to the exclusive use of the colour purple. Cadbury first began pursuing a legal battle in February 2003 on the grounds that the use of purple by Darrell Lea amounted to misleading and deceptive conduct under the Trade Practices Act. Cadbury has alleged that Australian confectioner Darrell Lea’s use of purple in stores, on uniforms and products... ...Read more »

Metcash, the major grocery wholesaler and distributor to independent supermarkets, will amend its supplier agreements in response to concerns raised in the Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries. The report, issued in August last year, expressed the view that Metcash’s arrangements with suppliers could make direct dealing between suppliers and independent retailers economically unattractive and enable Metcash to inhibit competitive supply. The... ...Read more »