ss. 52, 53(c), 53(d) and 55A. False or misleading representations, misrepresentations about sponsorship, approval or affiliation, misleading representations as to the nature or characteristics of services
On 14 October 2005 Janue Pty Ltd, trading as All Modes Dangerous Goods Training (AMDGT), provided court enforceable undertakings to the ACCC after making what the ACCC considers to be false and misleading representations on its website.
AMDGT provides dangerous goods handling training to airline and transport company staff throughout Australia. From January 2005 to May 2005 Janue published, or allowed to be published, representations on the AMDGT website the AMDGT was an ‘approved school’ with the International Air Transport Association (IATA), when it was not.
Janue has given undertakings that it will:
amend its existing trade practices compliance program to ensure it relates to those provisions of the Act relevant to the conduct of Janue's business, including ss. 52, 53 and 55A
cause a review of the amended trade practices compliance program to be undertaken by a compliance professional annually for a period of five years and provide a report to the ACCC after each review.
Adventure One Pty Ltd, Arthur Ellis Limited, Kathmandu Pty Ltd, Macpac Wilderness Equipment Limited, Mont Adventure Equipment Pty Ltd, Mountain Designs Pty Ltd, Paddy Pallin Pty Ltd
ss. 52, 53(a) and 55. False or misleading representations, misleading representations as to the nature, manufacturing process, characteristics, or suitability of purpose of goods
On 11 October 2005 the seven companies listed above gave court enforceable undertakings to the ACCC about their representations for down sleeping bags.
They undertook to:
not promote that any of its sleeping bags or clothing items contain 100% down, given that normal commercial manufacturing processes are very unlikely to achieve this percentage of down content
not make any down content percentage representations that include any percentage tolerance or allowance
not make any down content percentage representations that it cannot substantiate by way of testing of its finished down products by an International Down & Feather Bureau accredited testing organisation
place a corrective notice on its website for three months
in conjunction with certain other outdoor product suppliers, place corrective newspaper advertisements in each state and territory in which its sleeping bags have been sold
implement and maintain a trade practices compliance program.
AAA Embroidery & Screen Printing Pty Ltd
ss. 52, 53(a) and 53(eb). False or misleading representations, false or misleading representations about the place of origin of goods
On 11 October 2005 AAA Embroidery & Screen Printing gave an undertaking that it:
will not represent that goods are made in Australia, unless the goods meet the defence test for country of origin claims
