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Between January 2003 and August 2006 Aussia Australia Pty Ltd (Aussia), a supplier of complementary medicine products, represented that two products which it supplied, Squalene and Propolis, were 'made in Australia'.
ACCC investigation of the 'made in Australia' claims revealed that some batches of these products were imported from New Zealand in tablet or capsule form and only the packaging of the products was undertaken in Australia. In these circumstances the ACCC was concerned that the representations that the products were made in Australia were misleading and deceptive and likely to contravene sections 52, 53(a), 53(b) and 55 of the TPA.
In addition, Aussia made a number of representations on its website to the effect that Aussia was a company involved in research, development, manufacturing and sales and that Aussia had its own modern factory located in Sydney.
Between January 2003 and August 2006 Careline Australia Pty Ltd (Careline), a supplier of complementary medicine products, represented that the following products which it supplied in Australia and overseas were 'made in Australia' - Squalene, Propolis, Omega 3 and Royal Jelly.
ACCC investigation of the 'made in Australia' claims revealed that some batches of these products were imported from New Zealand in tablet or capsule form and only packaging of the products was undertaken in Australia. In these circumstances the ACCC was concerned that the representations that the products were made in Australia were misleading and deceptive and likely to contravene sections 52, 53(a), 53(b) and 55 of the TPA.
In response to the ACCC's concerns, Careline has provided the ACCC with a court enforceable undertaking to:
not represent that goods it supplies have been made in Australia unless those goods satisfy the test under section 65AB of the Act for country of origin claims.