The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Adelaide against The South Australian Olive Corporation and Inglewood Olive Processors Limited, the producers and marketers of Viva brand olive oils, alleging misleading and deceptive conduct and false and misleading representations in relation to country of origin on product labels, in television and magazine advertising, and on the website barkworth.com.au.
The ACCC alleges that The South Australian Olive Corporation and Inglewood Olive Processors Limited have engaged in conduct in breach of sections 52, 53(a), 53(eb) and 55 of the Trade Practices Act 1974 by making various representations to the effect that Viva olive oils are Australian when, in fact, each bottle of Viva brand olive oil contains approximately 20 per cent imported olive oil.
The ACCC is also taking action against Mr Mark Troy, a director of The South Australian Olive Corporation and Mr James Smyth, the General Manager of The South Australian Olive Corporation, for allegedly aiding or abetting or being knowingly concerned in the breaches.
The ACCC is seeking court orders including:
- declarations
- injunctions
- corrective advertising
- a trade practices compliance program
- costs.
The matter has been listed for a directions hearing in the Federal Court, Adelaide on 4 November 2002.