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Uncle Tobys Foods Pty Ltd provided a section 87B undertaking to the ACCC in relation to representations made in the marketing of its Roll-Ups products.
The ACCC had concerns that representations were made on the packaging and in a television advertisement for Roll-Ups were false or misleading and may breach sections 52, 53(a) and 55 of the TPA.
Uncle Tobys has undertaken to the ACCC that in the future it will not:
represent that Roll-Ups (as currently composed) are 'Made with 65% real fruit';
list on the ingredients panel that a Roll-Up (as currently composed) is equivalent to a specified percentage of fresh fruit;
run the advertisement which shows images of an apple being flattened into a Roll-Up (the Roll-Ups Reels Fruit Shrink advertisement); and
make representations that Roll-Ups are made by converting a piece of fruit into a strip with minimal processing or without further processing or other ingredients added.
Uncle Tobys has also undertaken to the ACCC that it will:
publish an article for the food industry on the importance of accurate advertising; and
review and implement recommended changes to its trade practices compliance program in relation to Roll-Ups.
This undertaking is offered by Jurlique International Pty Ltd, Jurlique Distribution Ltd, J&J Franchising Pty Ltd and Jurlique Spa Pty Ltd in connection with the court proceedings instituted against these companies by the ACCC.
The undertaking aims to provide for a trade practices compliance training program to ensure that the companies and their subsidiaries, officers and employees are not involved in further contraventions of sections 45A and 48 of the Trade Practices Act.
Second variation to the undertaking given by Toll Holdings Ltd to the ACCC on 11 March 2006
A section 87B undertaking was offered by A.B.C. Learning Centres Limited in connection with its proposed acquisition of Hutchison's Child Care Services Ltd.
Burnan Pty Ltd (Burnan) trading as Resume Service promotes and supplies both a résumé service business process that can be carried on from home (the business opportunity), and résumé services.
Mr Keith P.W.
On 6 March 2006, Linde AG announced its intention to acquire control over the BOC Group Plc (BOC), subject to regulatory approvals in Europe and the United States (the proposed acquisition).
Legend Australia Holdings Pty Ltd (Legend) has provided a court enforceable undertaking to the ACCC in respect to representations concerning its Logan & Mason ‘Ultima’ goose down quilts.
Legend has represented to consumers that its Logan & Mason ‘Ultima’ quilts contain 100% goose down. It is widely acknowledged in the down products industry that it is highly unlikely that 100% down content could be achieved under normal commercial manufacturing processes.
ACCC testing of a Legend ‘Ultima’ quilt represented as containing 100% goose down showed that the quilt contained significantly less goose down than the represented 100%. The ‘Ultima’ quilt was calculated to contain 83.9% goose down (with no additional duck down).
Legend advised the ACCC that its 100% down content claims were made in reliance on test reports from its overseas supplier and on labelling percentage ‘tolerances’ allowed under the Australian Standard 2479-1987 (Down and/or feather filling materials and filled products), and that it had not intended to mislead or deceive consumers.
Legend has undertaken to:
not promote that its ‘Ultima’ or other down products that it supplies contain 100% down, given that normal commercial manufacturing processes are very unlikely to achieve this percentage of down content;
not make any other down content percentage representations which include any percentage tolerance or allowance;
not make any down content percentage representations that it cannot substantiate by way of periodic testing of a representative sample of its finished down products by International Down & Feather Bureau (IDFB) approved testing methods for down and feather products;
place corrective newspaper advertisements in each State and Territory in which its ‘Ultima’ quilts represented as containing 100% goose down have been sold; and
establish a trade practices compliance program.
Harris Scarfe Australia Pty Ltd, trading as Harris Scarfe, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its own-brand ‘Home Statements Signature Collection’ goose down quilts.
Harris Scarfe has represented to consumers that its ‘Home Statements Signature Collection’ quilts contain 100% goose down. It is widely acknowledged in the down products industry that it is highly unlikely that 100% down content could be achieved under normal commercial manufacturing processes.
ACCC testing of a Harris Scarfe ‘Home Statements Signature Collection’ quilt represented as containing 100% goose down showed that the quilt contained significantly less goose down than the represented 100%. The ‘Home Statements Signature Collection’ quilt was calculated to contain 73.0% goose down with an additional 1.8% duck down.
Harris Scarfe advised the ACCC that its 100% down content claims were made in reliance on its down content specifications to its overseas supplier and on labelling percentage ‘tolerances’ allowed under the Australian Standard 2479-1987 (Down and/or feather filling materials and filled products), and that it had not intended to mislead or deceive consumers.
Harris Scarfe has undertaken to:
not promote that any of its own-brand products contain 100% down, given that normal commercial manufacturing processes are very unlikely to achieve this percentage of down content;
not make any other down content percentage representations which include any percentage tolerance or allowance;
not make any down content percentage representations that it cannot substantiate by way of testing of a representative sample of its finished down products by International Down & Feather Bureau (IDFB) approved testing methods for down and feather products;
place a corrective notice on its web-site for 90 days;
place corrective newspaper advertisements in each State and Territory in which ‘Home Statements Signature Collection’ goose down quilts have been sold, offering refunds to consumers who purchased the quilts; and
amend its existing trade practices compliance program to provide for two independent reviews on the effectiveness of its compliance program.
Hagemeyer Asia Pacific Pty Limited supplied bicycles which did not comply with the mandatory standard for pedal bicycles.
Hagemeyer has undertaken to:
recall the bicycles and provide customers in return with a bicycle of equivalent value and which complies with the standard;
not supply bicycles which do not comply with the standard;
implement procedures aimed at ensuring that any product that it may supply in the future which is subject to a mandatory product safety or information standard prescribed under the Trade Practices Act complies with that standard.
Environmental Marketing Pty Ltd distributes a range of cosmetics under the name "EnviroCare" and promotes them as being free from harmful chemicals and having a reduced impact on the environment.
A revised replacement for this undertaking was accepted by the ACCC on 27 November, 2006.
In light of the acceptance by the ACCC of Alinta's undertakings on 27 November 2006, Alinta's undertakings of 3 August 2006 were considered no longer relevant and were subsequently withdrawn.
Replacement undertaking
Withdrawn undertaking by Alinta Limited 3 August 2006:
On 3 August 2006, the ACCC issued a media release announcing that it had accepted section 87B undertakings offered by Alinta Limited pursuant to section 87B of the TPA in relation to the Alinta-AGL Joint Merger Proposal.
As background, the ACCC notes that during the period prior to accepting the undertakings it considered 3 different proposals relating to AGL and Alinta.
The first proposal was AGL’s proposed acquisition of Alinta. The ACCC accepted undertakings in relation to that proposal on 16 June 2006.
The second proposal was Alinta’s proposed acquisition of AGL. At this point in time (3 August 2006) that matter has been suspended awaiting further information from Alinta.
The third proposal is the subject of these undertakings, the AGL-Alinta Joint Merger Proposal. The AGL-Alinta Joint Merger Proposal reflects a Merger Implementation Agreement signed between AGL and Alinta on 1 June 2006.
In summary, the Undertakings provided by Alinta in relation to the Alinta-AGL Joint Merger Proposal require:
that Alinta divest the interest that it will obtain in Australian Pipeline Trust and Australian Pipeline Limited by a specified confidential date;
that Alinta divest the Agility contracts (Agility is currently a subsidiary of AGL) that involve supplying management and operational services to the Moomba to Sydney and Parmelia Pipelines; and
that Alinta abide by various hold separate and ring fencing commitments, including a commitment by Alinta not to nominate or vote on APL board appointments.
The undertaking notes that the ACCC may waive the requirement to divest the Agility contracts. The ACCC will make market inquiries in order to assist its decision as to whether it should waive the requirement to divest the Agility contracts.
The key competition concerns are addressed by the undertaking. The first key competition concern identified arose due to the possibility of aggregation of interests in the Moomba to Sydney Pipeline (currently owned by APT) and the Eastern Gas Pipeline (in which Alinta currently has an interest). These are the two key pipelines supplying the Sydney region. The second key competition concern identified arose due to the possibility of aggregation of interests in the Parmelia Gas Pipeline (currently owned by APT) and the Dampier to Bunbury Natural Gas Pipeline (in which Alinta has an interest). The Dampier to Bunbury Natural Gas Pipeline and the Parmelia Gas Pipeline are the two key pipelines supplying the Perth region.
Replaced by undertaking dated 4 October, 2006
The undertaking requires AGL and GEAC to provide information to the ACCC concerning hedges, derivative transactions and power purchase agreements.
Beaver Sales Pty Limited wholesales and distributes the Black Rat Power Lifter Jack, a product in respect of which there is a prescribed consumer product safety standard declared by the Minister, pursuant to section 65E(1) of the TPA to be a consumer product safety standard for the purposes of section 65C of the TPA.
The ACCC commenced proceedings in the Federal Court of Australia alleging, inter alia, that the Black Rat Jack does not comply with the Standard.
Linen House Pty Ltd, trading as Linen House, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its own-brand ‘Linen House’ goose down quilts.
Linen House has represented to consumers that its ‘Linen House’ quilts contain 100% goose down. It is widely acknowledged in the down products industry that it is highly unlikely that 100% down content could be achieved under normal commercial manufacturing processes.
ACCC and Linen House testing (by independent, professional testers based in Australia) of a sample of ‘Linen House’ quilts represented as containing 100% goose down showed that the quilts contained in the range of 50% - 55% goose down, substantially less than the represented 100% goose down.
Linen House advised the ACCC that its 100% down content claims were made in reliance on incorrect test reports provided by its overseas supplier and on labelling percentage ‘tolerances’ allowed under the Australian Standard (AS) 2479-1987 (Down and/or feather filling materials and filled products), and that it had not intended to mislead or deceive consumers.
Linen House has undertaken to:
not promote that any of its products contain 100% down;
not make any other down content percentage representations which include any percentage tolerance or allowance;
not make any down content percentage representations that it cannot substantiate by way of testing of its finished down products in accordance with the testing method specified in AS-2479 or International Down & Feather Bureau approved testing methods;
place a corrective notice on its web-site for 90 days;
place corrective newspaper advertisements in each State and Territory in which ‘Linen House’ quilts have been sold, offering full refunds to consumers who purchased ‘Linen House’ quilts and wish to return them; and
implement a trade practices compliance program including independent reviews.
Sheridan Australia Pty Ltd, trading as Sheridan, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its ‘Sheridan Ultradown’ goose down quilts.
Sheridan has represented to consumers that its ‘Sheridan Ultradown’ quilts contain 100% goose down. It is widely acknowledged in the down products industry that it is highly unlikely that 100% down content could be achieved under normal commercial manufacturing processes.
ACCC testing of a sample of ‘Sheridan Ultradown’ quilts represented as containing 100% goose down showed that the quilts contained in the range of 80% - 85% goose down, significantly less than the represented 100% goose down.
Sheridan advised the ACCC that its 100% down content claims were made in reliance on test reports provided by its overseas supplier and on labelling percentage ‘tolerances’ allowed under the Australian Standard (AS) 2479-1987 (Down and/or feather filling materials and filled products), and that it had not intended to mislead or deceive consumers.
Sheridan has undertaken to:
not promote that any of its products contain 100% down;
not make any other down content percentage representations which include any percentage tolerance or allowance;
not make any down content percentage representations that it cannot substantiate by way of testing of its finished down products in accordance with the testing method specified in AS-2479 or International Down & Feather Bureau approved testing methods;
place a corrective notice on its web-site for 90 days;
place corrective newspaper advertisements in each State and Territory in which ‘Sheridan Ultradown’ quilts have been sold; and
revise its existing trade practices compliance program to include independent reviews.
On 16 June 2006, the ACCC issued a media release announcing that it has accepted section 87B undertakings offered by AGL pursuant to section 87B of the TPA in relation to AGL’s proposed acquisition of Alinta.
Target Australia Pty Ltd, trading as Target, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its own-brand ‘Target Four Seasons’ goose down quilts.
Target has represented to consumers that its down sleeping bags contain 100% goose down or 100% duck down or 100% pure down. It is widely acknowledged in the down products industry that it is highly unlikely that 100% down content could be achieved under normal commercial manufacturing processes.
ACCC testing of a ‘Target Four Seasons’ double quilt represented as containing 100% goose down showed that the Target quilt contained significantly less goose down than the represented 100%. The Target double quilt was calculated to contain respectively 68.9% goose down (with no additional duck down) and 69.5% goose down (with no additional duck down).
Target advised the ACCC that its 100% down content claims were made in reliance on its supplier’s test reports and on labelling percentage ‘tolerances’ allowed under the Australian Standard 2479-1987 (Down and/or feather filling materials and filled products), and that it had not intended to mislead or deceive consumers.
Target has undertaken to:
not promote that any of its own-brand products contain 100% down, unless it can be verified that this percentage of down content has been achieved;
not make any other down content percentage representations which include any percentage tolerance or allowance;
not make any down content percentage representations that it cannot substantiate by way of testing of its finished down products by International Down & Feather Bureau (IDFB) approved testing methods;
place a corrective notice on its web-site for 3 months;
place corrective newspaper advertisements in each State and Territory in which ‘Target Four Seasons’ quilts have been sold, offering refunds to consumers who purchased the quilts; and
revise its existing trade practices compliance program to include annual independent audits.
The Northern Rivers Gestalt Institute Incorporated (Northern Rivers Gestalt) offers courses in 'Gestalt' counselling.
Mr Won Mo Yoon, director of CGS Trading Australia Pty Ltd (CGS), the importer, distributor and supplier of 'Aussiesox' branded socks has admitted to incorrectly labelling certain of its socks in respect to fibre content.
CGS Trading Australia Pty Ltd (CGS), importer, distributor and supplier of 'Aussiesox' branded socks has admitted to incorrectly labelling certain of its socks in respect to fibre content.
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