ss. 52, 53(a), 53(eb), 55 alleged misleading country of origin claims
13 August 2001: Proceedings were instituted in the Federal Court, Melbourne. It is alleged that between March 1999 and June 2000 Berri supplied Coles Supermarkets Australia Pty Ltd with Farmland brand orange juice concentrate that was labelled ‘Made in Australia from Australian Fruit Juice’. It is alleged that the product contained imported juice.
The labelling on the Farmland brand orange juice concentrate product was changed in June 2000 to ‘Made from a blend of quality Australian and imported fruit juices depending on seasonal availability’. It is alleged this and similar labelling, which has also appeared at various times on apple and other juice varieties sold under the Farmland, Just Juice and Sunburst brands was misleading because Berri failed to use, so far as available, a majority of Australian produce in these products. It is alleged that in some instances several of the products contained no Australian juice.
14 December 2001: The ACCC instituted further proceedings against Berri alleging the use of a seasonal qualifier on its pineapple juice products was misleading.
The two proceedings were consolidated and the ACCC sought declarations from the court that the labelling was misleading, and injunctions restraining Berri from making similar representations in the future. It is also sought court orders requiring Berri to publish corrective advertisements in national daily newspapers informing consumers of the misleading conduct; and requiring Berri to implement a corporate compliance program.
30 April 2004: The court made orders by consent including an injunction and an order for costs of $100 000 against Berri Limited.
