131 results, showing 1 to 20
Moving Juice Pty Ltd is a South Australian wine retailer which retails wine, beer and associated products through its outlet in Felixstow, Adelaide and through its website.
During February, March and April 2008 Moving Juice promoted two Coopers beer and Dog Leg wine specials in The Advertiser newspaper and its sale catalogue by representing that consumers would receive a ‘free’ and ‘absolutely free’ slab of Coopers beer with the purchase of a dozen bottles of Dog Leg wine.
The price of a dozen bottles of Dog Leg wine sold in the specials was increased from its normal price to incorporate most or part of the cost of the beer.
During April 2008, Moving Juice advertised certain varieties of wine on its website using ‘Was $X Now $Y’ representations.
Moving Juice had not offered the wine for sale, nor sold the wine, at a higher ‘was’ price since before November 2007.
Moving Juice has acknowledged that consumers may have been misled and deceived by the representations in contravention of sections 52 and 53(e) of the Trade Practices Act 1974.
Moving Juice has provided the ACCC with a section 87B undertaking that it will:
not engage in similar advertising practices in the future;
publish corrective notices in The Advertiser, its sale catalogue and on its website;
publish an information article in a wine industry magazine;
make a donation to a registered youth charity; and
implement a Trade Practices Compliance Program.
Awesome Water has been selling water coolers across Australia since 2003.
Mildon Pty Ltd, trading as Challenge International (Aust) (Challenge International) is an importer of cosmetic products which it supplies to wholesalers and retail outlets throughout Australia.
During the period from March 2003 to October 2008, Challenge International supplied a range of toothpaste and mouthwash products under the Tri Leaf and Natural Bliss brand names.
Ten such products (‘the products’) were not labelled in accordance with the Cosmetics Standard, in that:
all of the ingredients (including colour additives) of the products were not listed on the products or their packaging; and/or
the ingredients of the products were not listed in correct order by volume or mass on the products or their packaging; and/or
chemicals were listed as active ingredients on the packaging of the products when the products did not contain those chemicals.
Creswick Woollen Mills Pty Ltd (Creswick), supplier of Creswick brand merino wool blankets, has acknowledged the ACCC's view that its "Australian Made" packaging and labelling claims for its merino wool blankets, including its display of the official Australian Made logo, were false and misleading in contravention of the Trade Practices Act (TPA).
The spinning and weaving of Creswick's merino wool blankets was done overseas, predominantly in China, with only the cutting and sewing of the blankets done in Australia.
Accordingly, in the ACCC's view, substantial transformation of the Creswick's merino wool blankets did not take place in Australia as required by the TPA where Australian made claims are made for a product.
Creswick has undertaken to amend the packaging and labelling of its merino wool blankets to remove all Australian Made claims, to remove from its website and promotional material any representations that make reference to the Australian origin of its merino wool blankets, and to instruct its retailers to remove all Australian made claims from the packaging of Creswick merino wool blankets that the retailers currently have in stock.
Creswick has also undertaken to publish an ACCC approved corrective notice on its website for three months and in major capital city newspapers.
Creswick acknowledges in the corrective notice that by falsely describing its merino wool blankets as being Australian made it may be liable under the TPA to compensate consumers who purchased the blankets.
Creswick sales and marketing staff will also undertake a trade practices education and training course designed to ensure that they are aware of their responsibilities under the TPA, particularly in relation to country of origin claims.
The Horticulture Code of Conduct (Code) is a mandatory industry code under section 51AD of the Trade Practices Act 1974 (TPA).
Atkinson Produce Pty Ltd, trading as Murray Brothers (Atkinson), has admitted to:
trading as a merchant under horticulture produce agreements and terms of trade that were not Code compliant;
while trading as a merchant, on some occasions failing to agree prices with growers in writing; and
in letters to growers, making statements concerning their horticulture produce agreements that may have misled growers to believe that their agreements were in fact Code compliant.
The ACCC has accepted court enforceable undertakings from Atkinson that it will:
not trade in horticulture produce subject to the Code without having in place Code compliant horticulture produce agreements;
prepare, publish and make publicly available Code compliant terms of trade;
write to affected growers advising them of the undertakings to the ACCC and the revisions to the horticulture produce agreements and terms of trade; and
conduct a trade practices seminar, focusing on the Code and sections 52 and 53 of the TPA, for its directors, company officers and employees authorised to trade in horticulture produce on its behalf, and for growers with whom it trades with who wish to attend.
Jayco Corporation Pty Ltd (Jayco) is a manufacturer of caravans.
Between July and September 2007 Jayco supplied certain vehicle jacks with its caravans (the jacks) that were not marked with their nominated capacity and which included the statement; 'Complies with AS/NZS 2693:2007'.
Jayco sourced the jacks from an Australian manufacturer.
Either of AS/NZS 2693:1993 - Vehicle Jacks or AS/NZS 2693:2003 - Vehicle Jacks are the prescribed consumer product safety standard for vehicle jacks (mandatory standard) under the Trade Practices Act 1974 (TPA).
In 2007 a voluntary standard AS/NZS 2693:2007 - Vehicle Jacks (2007 standard) was published by Standards Australia.
Jeune International Pty Ltd has admitted to improperly using the Australian Made Campaign Limited (AMCL) "Australia Made" logo in the supply of cosmetic products to retail outlets throughout Australia and overseas, without obtaining certification from the AMCL do so.
Sleep City Holdings Limited, an importer and retailer of bedroom furniture, has acknowledged engaging in conduct that contravened section 65C of the Trade Practices Act by selling the 'Jessie' (in single and study form), 'London' and 'Trio' models of bunk beds which contravened the mandatory product safety standard.
Contraventions included access openings in the upper bunk guard rail which were substantially wider than the prescribed maximum width, multiple head/limb entrapment hazards, and not displaying the maximum mattress height warning and supplier identification labels on the bed frames.
Sleep City has provided court enforceable undertakings to the ACCC that it will refrain from supplying bunk beds that do not comply with the mandatory standard, will display recall notices on its website and in its stores, will endeavour to contact all customers whom it supplied any of the bunk beds to repair the product or refund the customer, and will implement a trade practices compliances program.
Fantastic Furniture Pty Ltd, an importer and retailer of bedroom furniture, has acknowledged that it has contravened s65C of the Trade Practices Act due to its product, the 'Mikki high sleeper' bunk bed, not meeting the requirements of the mandatory standard for bunk beds.
The 'Mikki high sleeper' has access openings in the guardrail which may cause fall-through hazards, gaps in the guardrail and mattress base which exceeded the maximum allowable widths that could cause an entrapment hazard, and not displaying the maximum mattress height warning and supplier identification labels on the bed frames.
Autobarn is primarily a retailer of automotive tools, machinery and equipment nationwide.
Between 8 and 24 December 2007, Autobarn retailed the AL6000 Lite personal digital breathalyser in its stores nationally.
The packaging of the AL6000 Lite represented that the product met an Australian Standard for personal alcohol testing devices, when it did not.
Autobarn has admitted that the representation was misleading or deceptive, or likely to mislead or deceive.
Autobarn has undertaken to the ACCC that it will:
Cease to engage in similar conduct in the future;
Publish corrective notices in national newspapers and in-store;
Provide refunds to customers in certain circumstances;
Establish, implement and maintain a Trade Practices Compliance Program for 3 years, to minimise the risk of future breaches of the TPA.
Look Direct International Pty Ltd supplies gift products, including cosmetic products, to retail outlets throughout Australia.
Cosmetics Standard, Australia The Gift has acknowledged that the product breached the mandatory information standard for cosmetics and therefore contravened section 65D of the Trade Practices Act 1974.
Lisat Holdings Pty Ltd (Lisat Holdings) operates 8 leather lounge retail outlets across Queensland and NSW under the name of Rubelli Designs.
Lisat Holdings advertised extensively from at least January 2007 to March 2008, placing up to 35 advertisements per month in catalogues, newspapers, radio and television across QLD and NSW.
WPP Group plc. (WPP) proposes to acquire Taylor Nelson Sofres plc. (TNS).
The Mobile Generation I BV, a Dutch based company and its related Australian based company, TMG Asia Pacific Pty Ltd, have provided an undertaking to address the ACCC's concerns regarding their promotion via an internet pop-up of a Wixawin mobile premium subscription quiz service.
The ACCC’s main concerns were:
the use of the Woolworths logo in the promotion;
that the promotion did not make it clear that residents of the ACT, Victoria and Queensland were ineligible for any prizes, but would still incur charges for participating; and
that the other relevant terms and conditions, including cost, were provided as fine print disclaimers.
TMG I BV and TMG Asia Pacific Pty Ltd have agreed as part of their undertaking to communicate clearly in any future promotions:
who is eligible to enter the competition;
the nature of the services provided;
who the services are being promoted by; and
the terms and conditions (including as to price) to which consumer's agree when they acquire the services.
As part of providing court orders by consent as a result of a separate investigation for its TV ads, TMG Asia Pacific will be implementing a trade practices compliance program.
Global Web Enterprises Pty Ltd(GWE) and Mr Brendon Nicholas, director, has admitted to developing and causing to be published a website at the domain www.cashfororgans.com.au that contained representations that were misleading and deceptive or likely to mislead or deceive under s52 of the Trade Practices Act.
Mr Brendon Nicholas have provided court enforceable undertakings to the ACCC that he will not cause to be re-published or otherwise involved in the re-publication by any persons of the cash for organs website, solicit any person to make a payment for membership and represent that persons can lawfully buy or sell organs through the use of the website.
Mr Brendon Nicholas also provided undertakings to the ACCC that he will not represent that the site is in any way affiliated with medical professionals and represent via a website that a person has provided a testimonial in relation to the goods or services when that is not the case.
Mr Nicholas further undertakes to attend a trade practices compliance seminar within six weeks of commencing or joining the operations of any new business, trading via a website or joining the operations of any new training company, and within six months of this undertaking coming into effect complete twenty hours of volunteer work with a registered health charity.
On 26 September 2008, the ACCC accepted the undertaking of Shane Burt, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Shane Burt agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
In addition, Mr Shane Burt must immediately resign from all positions within Toll, and take no further part in the company, if he ceases to meet the requisite standards of independence.
The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006. The fifth variation relates to Toll’s restructure of its group businesses by way of scheme of arrangement to create a new listed entity and trust, Asciano.
The ACCC's decision to consent to the fifth variation is given effect through the following documents:
a variation to Toll's undertakings
a new undertaking from Asciano Limited, and
new undertakings from the directors of Toll and Asciano.
A copy of those documents can be viewed on the ACCC’s website.
In proceedings taken by the ACCC, the Federal Court has declared that GM Holden Ltd made false and misleading claims in its “Grrrrrreen” campaign which promoted the environmentally friendly nature of its Saab range of vehicles.
In the advertisements GM Holden represented that it had taken measures so that the carbon dioxide emissions from any Saab motor vehicle would be neutral over the life of that motor vehicle.
In the same advertisements, GM Holden also represented that in the first year following the purchase of a Saab motor vehicle, GM Holden would plant, on behalf of the purchaser, 17 native trees which would offset the carbon dioxide emissions for the life of that motor vehicle.
The ACCC's view was that the carbon dioxide emissions from any Saab motor vehicle would not be neutral over the life of that motor vehicle, and the planting of 17 native trees would only provide a carbon dioxide emission offset for a single year’s operation of the motor vehicle.
By consent, the Federal Court declared that GM Holden contravened sections 52 and 53(c) of the Trade Practices Act 1974 by engaging in misleading conduct.
V8 Supercars Australia Pty Ltd has acknowledged the ACCC's concerns that its claim that carbon emissions would be entirely offset by the planting of trees may have been misleading or deceptive and therefore a breach of section 52 of the Trade Practices Act, because there was no explanation that it is likely to take the life-time of the trees before those emissions are absorbed.
V8 Supercars has provided court enforceable undertakings to the ACCC that:
any future claims about 'green marketing' will be considered by a solicitor with experience in trade practices law before being made;
any future claims about trees being planted to offset carbon emissions will include an explanation about the period of time before those emissions would be offset;
that it will place an acknowledgement of the ACCC's concerns on its website for a period of no less than 2 months.
Austrimi Seafoods Pty Ltd has offered a section 87B court enforceable undertaking to the ACCC in relation to the packaging of its ‘Kalamari’ branded product.
The ACCC was concerned that the packaging of the ‘Kalamari’ product was misleading as the picture of the crumbed seafood rings and use of the word ‘Kalamari’ gave the impression the Product was made predominately of calamari or squid whereas the ingredients list stated it contained only 4% squid.
The ACCC had concerns that the overall impression created by the packaging was likely to misled consumer as to the content of the Product in contravention of sections 52 and 53(a) of the Trade Practices Act 1974.
Austrimi Seafoods Pty Ltd has undertaken to the ACCC that in the future it will not:
supply the product in its current packaging;
use the name ‘Kalamari in relation to the product;
supply seafood products in packaging and/or with labelling that conveys an overall impression that the product consists mainly of, or includes a not insubstantial proportion of, a particular seafood ingredient when this is not the case;
Austrimi Seafoods has also undertaken:
to place a corrective notice on its website;
to use its best endeavours to have its retail customers place corrective notices at point of sale for a period of 28 days; and
to implement a compliance program.
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