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Goodyear Tyres Pty Ltd (Goodyear Tyres) is an importer, manufacturer and distributor of tyres.
During 2007 and 2008, Goodyear Tyres made a number of representations regarding the environmental benefits of its new Eagle LS2000 range of tyres, to the effect that:
the Eagle LS2000 is a revolutionary environmentally-friendly tyre;
the Eagle LS2000 is designed for minimal environmental impact;
the production process for the Eagle LS2000 results in reduced carbon dioxide emissions;
the Eagle LS2000 aims to have a major environmental impact by reducing carbon dioxide emissions during its production process; and
Goodyear’s BioTRED technology, as used in the Eagle LS2000, increases the life of the Eagle LS2000, improves fuel economy and reduces the impact on the environment.
The ACCC was concerned that by making the representations, Goodyear Tyres was misleading consumers about the environmental benefits of the Eagle LS2000 tyre in breach of sections 52 and 53(c) of the Trade Practices Act 1974.
Goodyear Tyres has acknowledged the environmental benefits claimed could not be substantiated.
Goodyear Tyres has co-operated with the ACCC and has withdrawn all material containing the representations. The ACCC has accepted a court enforceable undertaking from Goodyear Tyres that it will:
refrain from making the representations in relation to the Eagle LS2000 tyre;
at its own expense, cause a corrective notice to be published in a major metropolitan newspaper in each capital city, on its Australian website, and in each Goodyear Autocare Centre;
provide a partial refund to customers who purchased the Eagle LS2000 tyre between 1 February 2007 and 31 March 2008 and who relied on the unsubstantiated representations; and
implement a Trade Practice Compliance Program.