ACCC takes court action against Berri Limited

The Australian Competition and Consumer Commission has instituted legal proceedings against Berri Limited over alleged misleading labelling certain fruit juice and fruit drink products.

The ACCC alleges 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 around 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 a number of 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 in one instance that the Farmland 200ml apple juice contained no Australian juice.

The ACCC is seeking:

• declarations from the court that the labelling was misleading

• injunctions restraining Berri from making similar representations in the future

• a court order requiring Berri to publish corrective advertisements in national daily newspapers informing consumers of the misleading conduct

• a court order requiring Berri to implement a corporate compliance program

A directions hearing for the matter is listed for 17 September 2001 at the Federal Court at Melbourne.

Background

*The products containing the alleged labelling of concern are:

• Farmland 200ml apple juice (6 pack), Farmland 200ml orange juice

  (6 pack), and Farmland 200ml tropical juice (6 pack);

• Just Juice 200ml apple/blackcurrant juice 4 *6P Just Juice 250ml

  apple juice 4 *6P, Just Juice 250ml apple/blackcurrant juice 4 *6P,

  Just Juice 3L apple/berry CTN/4, Just Juice 200ml apple juice 4

  *6P and Just Juice 1L apple juice CTN12; and

• Sunburst 500ml apple concentrate juice and Sunburst 2L No added

  sugar juice CTN