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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.
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