The Federal Court at Melbourne has made orders by consent in the Australian Competition and Consumer Commission's proceedings against Berri Limited for alleged breaches of the Trade Practices Act 1974.
The ACCC had taken action against Berri in 2001 alleging it had engaged in misleading conduct in relation to the labelling of a number of its fruit juice and fruit drink products in breach of the Act.
The orders were made without finding of liability and provide for:
- an injunction restraining Berri for three years from making representations, in certain instances, that in relation to its fruit juice products containing reconstituted fruit juice those products were made from Australian and imported reconstituted fruit juice depending on seasonal availability
- an order that Berri conduct a review of its fruit juice labels by an independent person with trade practices expertise to ensure its labels did not fall foul of the prohibition in the Act against companies making false or misleading representations concerning the place of origin of goods
- a contribution to the ACCC's costs in the sum of $100,000.
ACCC Chairman, Mr Graeme Samuel, noted Berri’s cooperation to conclude the proceedings.
"I am sure responsible companies will recognise that it is essential business practice to use truthful and precise labelling to avoid any risk of confusion arising or error occurring", he said.