ACCC takes action over SA supplier’s free range egg claim

Posted by AFN Staff Writers on 9th March 2012

The Australian Competition and Consumer Commission (ACCC) has taken legal action against a South Australian egg supplier, Rosie’s Free Range Eggs, alleging that eggs being sold as ‘free range’ were in fact ‘cage eggs’.

The ACCC has instituted proceedings in the Federal Court against Ms Rosemary Bruhn, who trades as Rosie’s Free Range Eggs.

The ACCC alleges that from March 2007 to October 2010, Ms Bruhn represented that eggs she supplied to business customers, including 117 customers in South Australia such as retail outlets, bakeries, cafes and restaurants, were free range eggs when a substantial proportion of the eggs were actually cage eggs.

The ACCC alleges that such conduct contravened section 55 of the Trade Practices Act 1974 (now known as the Competition and Consumer Act 2010).

In a media statement released today, the ACCC is seeking:

  • a declaration that Ms Bruhn contravened the Trade Practices Act
  • an injunction in relation to engaging in similar conduct in the future
  • an order for a corrective notice
  • an order for Ms Bruhn to write to affected customers advising them of the outcome of the proceedings
  • an order for Ms Bruhn to attend compliance training
  • penalties, and
  • costs

The proceedings do not relate to eggs supplied by Ms Bruhn at the farm gate or the Adelaide Showgrounds Farmers Market.

A directions hearing is listed for Wednesday 28 March 2012 at 9am before Justice Finn.