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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.
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.
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