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The ACCC has accepted court enforceable undertakings from Sherpa Outdoor Equipment Pty Limited about the labelling of its ‘Sherpa’ brand thermal underwear garments (the 2004 Undertaking).
The undertakings address ACCC concerns that in supplying thermal underwear garments with misleading and false fibre content labelling Sherpa Outdoor Equipment Pty Limited may have breached the Trade Practices Act 1974 (the Act).
In November 1999 Sherpa also formally entered into an Undertaking pursuant to section 87B of the Act with the ACCC (the 1999 Undertaking).
From around January 2001 until August 2003, Daikin Australia Pty Ltd, a company which imports and distributes airconditioning units, made the following representations in brochures distributed to its sales agents and on its website:
the hydrofluorocarbon (HFC) refrigerants HFC–407C and HFC–134a are environmentally friendly
certain Daikin airconditioning units using the HFC refrigerants HFC–407C and HFC–134a are environmentally friendly
the use by consumers of certain Daikin airconditioning units which use HFC–407C and HFC–134a will be beneficial to the environment or at worst be benign so far as its environmental impact is concerned and
the use by consumers of certain Daikin airconditioning units which use HFC–407C and HFC–134a will prevent or at least not contribute to global warming
(together the Representations).
Following receipt of expert scientific advice, the ACCC considered that the above Representations were misleading in contravention of ss.