Refund rights for 'The Latin Seed' weight-loss food

29 March 2011

A food marketed for weight-loss, The Latin Seed was recalled earlier this month after government tests revealed it contained poisonous yellow oleander seeds which are prohibited in Australia, and not candlenut as described.

"The ACCC is concerned that some health food suppliers may be refusing to provide a remedy to consumers who attempt to return the recalled product," ACCC deputy chair Peter Kell said today.

"Both suppliers and consumers should be aware of their rights and obligations under the consumer guarantees that are part of the new Australian Consumer Law. Under the guarantees, consumers have the right to a full refund if a product is not of acceptable quality because it is unsafe."

There have been no reports of illness from the product to date, but the distributor has advised consumers to stop eating The Latin Seed, seek medical attention if they feel ill, and to return the product to the point of purchase for a full refund.

"Health food suppliers must ensure that their products are safe," Mr Kell said.

The ACCC supports the actions of health food suppliers and State and Commonwealth food regulators in the recall of The Latin Seed. 

For more information see the recall notice http://www.recalls.gov.au/content/index.phtml/itemId/1001135

Release number: 
NR 055/11
ACCC Infocentre: 

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