ACCC court action against Nudie Foods Australia Pty Ltd

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Perth against Nudie Foods Australia Pty Ltd alleging Nudie made misleading claims on the packaging and in promotional material for two of its fruit juice products, Rosie Ruby and Rosie Blue.

The ACCC alleges that Nudie represented on the Rosie fruit juice labels that the Rosie Ruby juice consisted either solely or predominantly of cranberry, and the Rosie Blue juice consisted either solely or predominately of cranberry and blueberry, when in fact 80 per cent of the Rosie Ruby juice and 78 per cent of the Rosie Blue juice was apple juice.
 
The ACCC alleges that by making these misleading claims Nudie contravened sections 52 and 55 of the Trade Practices Act 1974.

Further, the ACCC alleges that Nudie's promotional material falsely represented that the Rosie Ruby and Rosie Blue fruit juices consisted solely of cranberry juice or cranberry and blueberry juice, when in fact the predominant ingredient was apple juice.

The ACCC alleges that by making these representations Nudie contravened sections 52, 53(a) and 55 of the Act.

The ACCC is seeking:

• declarations
• injunctions
• corrective advertising
• a trade practices law compliance program, and
• costs.

A directions hearing is listed in the Federal Court, Perth on 4 March 2008