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Lawson's Trading Co.
The All Australian Owned Fruit Juice Company Pty Ltd (the Company) has provided a section 87B Undertaking to the ACCC in relation to representations appearing on the labelling of five varieties of fruit juice products supplied by the Company.
The ACCC conducted product safety surveys of Sunglasses and fashion spectacles in Perth, Sydney and Darwin as part of the Commission’s ongoing mandatory product safety program. As a result of the survey some glasses supplied by Denbri were confirmed to be in breach of the Standard
Denbri agreed to co-operate with the Commission by providing section 87B Undertakings which included:
acknowledgement that the Glasses did not comply with the Standard;
acknowledgement that Denbri may have breached the Act;
advice that Denbri have ceased the supply of the Glasses;
and that Denbri:
has advised retailers to whom the Glasses were supplied to withdraw them from sale and return them to Denbri and that Denbri has completed a cycle of attendances on the retailers to ensure that this has occurred;
has placed product recall notices in the relevant major capital city newspapers in the cities in which the Glasses were supplied;
will provide refunds to all parties who return the Glasses; and
will implement and maintain a trade practices compliance program
Following legal proceedings brought by the ACCC in February 2003, the Federal Court declared that National Telecoms Group (NTG) engaged in misleading and deceptive conduct when offering its Synergy telephony package. The court also declared that NTG made false and misleading representations with respect to the price of its telephony services.
The ACCC alleged that, amongst other things, NTG represented to consumers that in accepting the Synergy telephony package they would:
pay no more or pay less than they were currently paying for telephony services;
pay only a specified additional amount more than they were currently paying to their existing telephony services providers;
be provided with a free telephone system; and
receive only one bill for their telephony services.
By consent of both parties, Justice Weinberg declared that NTG had engaged in misleading and deceptive conduct and made false or misleading representations in breach of sections 52 and 53(e) of the Act.
The court granted injunctions restraining NTG from making the same or similar representations to consumers in the future. In addition, NTG has provided court-enforceable undertakings to the ACCC. NTG has undertaken to:
contact customers who have complained in order to resolve their complaints; and
review its trade practices compliance program.
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