The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Perth against Wesfil Australia Pty Ltd alleging, misleading and deceptive conduct in relation to the country of origin labelling of automotive air filters by the company.
The ACCC alleges that during the period from June 1999 until about May 2002 Wesfil imported and distributed number of automotive air filters that were made in Thailand which Wesfil re-labelled as "Made in Australia". The ACCC alleges that conduct breaches section 53(eb) of the consumer protection provisions of Trade Practices Act 1974 relating to the place of origin of goods.
The court documents filed by the ACCC seek remedies including:
- declarations that Wesfil has breached sections 52 and 53(eb) of the Act
- injunctions restraining Wesfil from misleading the public as to the place of origin of its products
- orders for publication of a corrective notice by Wesfil in major newspapers and trade magazines in Australia
- orders to ensure all Westfil's current wholesale and retail stocks are correctly place of origin labelled
- orders for Wesfil refund consumers who have proof of purchase and who can demonstrate they were misled by Wesfil's country of origin claims
- the implementation of a corporate Trade Practices Act compliance program by Wesfil
- the ACCC's court costs.
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