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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.