ACCC institutes against National Chemical Pty Ltd over alleged misleading country of origin claims in supply of eucalyputs oil

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Melbourne against National Chemical Pty Ltd alleging misleading and deceptive conduct in relation to country of origin labelling of eucalyptus oil supplied by the company.

The alleged misleading and deceptive conduct occurred in relation to the labelling of 200mL bottles of "Superior" brand eucalyptus oil as a "PRODUCT OF AUSTRALIA" when the eucalyptus oil was imported from China.  It is alleged the eucalyptus oil was also promoted as a product of Australia in the magazines Australian Good Taste and Australian Parents and the newspaper, Fight Back For Australia.

The ACCC alleges National Chemical's conduct contravened the Trade Practices Act 1974 in that it was misleading and deceptive, falsely represented the place of origin of the product and was misleading as to the nature, manufacturing process and characteristics of the eucalyptus oil.

The ACCC is seeking

• declarations that National Chemical Pty Ltd has breached sections 52, 53(eb) and 55 of the Act;
• injunctions restraining National Chemical Pty Ltd from misleading the public as to the place of origin of its products;
• orders for the publication of an apology by National Chemical Pty Ltd in the newspaper Fight Back For Australia and the magazines Australian Good Taste and Australian Parent;
• an order to label Superior brand eucalyptus oil to represent its country of origin;
• a probation order directing National Chemical Pty Ltd establish and maintain a trade practices corporate compliance program; and
• costs.

A directions hearing has been set down for 9.30 a.m. on 24 September in the Federal Court, Melbourne before Justice Weinberg.