Coca-Cola South Pacific Pty Ltd - s.87B undertaking

Coca-Cola South Pacific Pty Ltd is responsible for marketing and technical services for Coca-Cola products within Australia. The company is ultimately owned by The Coca-Cola Company. During October 2008, Coca-Cola South Pacific caused to be published an advertisement entitled, “Kerry Armstrong on Motherhood & Myth-Busting”.

The advertisement centred on discrediting health concerns consumers associate with Coca-Cola.

Examples of representations that were made to consumers include:

• Myth. Makes you fat
• Myth. Rots your teeth
• Myth. Packed with caffeine

Coca-Cola South Pacific has as part of the court-enforceable undertakings, agreed to publish the correct advertisement to the same presentation standard as the original advertisement, including page location and advertisement sizing.

The company for a period of three (3) years, will also ensure that it will not make the claims that:

• that consumption of Coca-Cola cannot contribute to weight gain unless that claim can be substantiated;
• that consumption of Coca-Cola cannot contribute to tooth decay or that tooth decay is declining globally, unless the particular claim made can be substantiated;
• that 250ml of the Coca-Cola Product bearing the brand name “Diet Coca-Cola” contains only one half of the amount of caffeine as that contained in  a cup of tea, without further qualification, unless that claim can be substantiated.

Coca-Cola South Pacific will instruct a law firm with trade practices expertise, or a suitable professional with trade practice compliance experience and expertise, to undertake a review of CCSP’s procedures, as they relate to the application of Part V of the Trade Practices Act to advertising and promotional material for Coca-Cola Products; and will provide a report to the ACCC in respect of the Review and the implementation of any recommendations, with Coca-Cola South Pacific to use its best endeavours to provide the report to the ACCC within six (6) months of this undertaking coming into effect.