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LG Electronics Australia Pty Ltd (LG) is an importer and wholesaler of electrical appliances, including airconditioners.
Certain airconditioners are required to display energy efficiency labels and meet Minimum Energy Performance Standards (MEPS). LG published energy efficiency ratings in, among other things, promotional and advertising materials.
As part of regulatory requirements check tests are carried out on a selection of airconditioner models to determine the accuracy of the claimed energy efficiency ratings.
Check tests conducted on behalf of the New South Wales Department of Energy, Utilities and Sustainability and Energy Dafe Victoria found that the energy efficiency of five LG airconditioners was less than 90% of the claimed energy efficiency.
Home Express Nominees Pty Ltd (Home Express), importer and retailer of 'Home Express' brand quilts has acknowledged that it misrepresented to consumers that its 'Home Express' brand quilts contained 100% goose down.
ACCC testing of a sample of 'Home Express' brand quilts represented to contain 100% goose down, showed that the quilts contained in the range of 72% - 85% goose down, significantly less goose down than the represented 100%.
Home Express advised the ACCC that its 100% down content claims were made in reliance on the labelling percentage tolerances allowed in Australian Standard 2479-1987 ('Down and/or feather filling materials and filled products') and that it had not intended to mislead or deceive consumers.
Home Express has undertaken to:
refrain in future from making any down content claim for its 'Home Express' or other own-brand down products unless the claim can be substantiated by independent testing on its finished down product where the manufacturing process has been completed; and
implement a trade practices compliance program for Home Express employees and other persons involved in its business.
Black & Decker (Australia) Pty Ltd markets and distributes a range of sanders for home use.