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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