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On 16 June 2006, the ACCC issued a media release announcing that it has accepted section 87B undertakings offered by AGL pursuant to section 87B of the TPA in relation to AGL’s proposed acquisition of Alinta.
Target Australia Pty Ltd, trading as Target, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its own-brand ‘Target Four Seasons’ goose down quilts.
Target has represented to consumers that its down sleeping bags contain 100% goose down or 100% duck down or 100% pure 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 ‘Target Four Seasons’ double quilt represented as containing 100% goose down showed that the Target quilt contained significantly less goose down than the represented 100%. The Target double quilt was calculated to contain respectively 68.9% goose down (with no additional duck down) and 69.5% goose down (with no additional duck down).
Target advised the ACCC that its 100% down content claims were made in reliance on its supplier’s test reports 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.
Target has undertaken to:
not promote that any of its own-brand products contain 100% down, unless it can be verified that this percentage of down content has been achieved;
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 its finished down products by International Down & Feather Bureau (IDFB) approved testing methods;
place a corrective notice on its web-site for 3 months;
place corrective newspaper advertisements in each State and Territory in which ‘Target Four Seasons’ quilts have been sold, offering refunds to consumers who purchased the quilts; and
revise its existing trade practices compliance program to include annual independent audits.
The Northern Rivers Gestalt Institute Incorporated (Northern Rivers Gestalt) offers courses in 'Gestalt' counselling.
Mr Won Mo Yoon, director of CGS Trading Australia Pty Ltd (CGS), the importer, distributor and supplier of 'Aussiesox' branded socks has admitted to incorrectly labelling certain of its socks in respect to fibre content.
CGS Trading Australia Pty Ltd (CGS), importer, distributor and supplier of 'Aussiesox' branded socks has admitted to incorrectly labelling certain of its socks in respect to fibre content.
Southern Motors Pty Ltd (Southern Motors) trades under the name Jason Mazda and carries on the business of selling new and used motor vehicles in the Perth area.
The ACCC was concerned that Jason Mazda made price representations that did not state that dealer delivery charges were applicable to the advertised prices of various Mazda vehicles when such charges did apply.
Southern Motors has provided a Section 87B undertaking to the ACCC that it:
will disclose any dealer delivery fees that are payable by consumers to Southern Motors and which are not included in the price of the motor vehicle advertised for sale by Southern Motors;
publish a corrective advertisement; and
update its existing corporate trade practices compliance program.
Baby Dynamics Pty Ltd distributed to retailers approximately 280 baby walkers under the description '3 in 1 Walker' which did not comply with the Baby Walkers Standard.
The Standard requires that baby walkers are labelled with warning instructions addressing risks associated with using the product.
This undertaking varies the undertaking given by Toll Holdings accepted by the ACCC on 11 March 2006
StoresOnline conducted seminars and workshops throughout Australia to promote its home business e-commerce software.
The ACCC formed the view that representations made by StoresOnline in promoting their website packages were misleading and deceptive in contravention of sections 51A, 52, 53(aa), 55A and 59 of the TPA.
The ACCC has a accepted court enforceable undertaking from StoresOnline that it will:
not make representations about the level of customer support available;
notify purchasers that there is a 3 day cooling off period before and at the time of purchase;
provide a refund to purchasers;
only use testimonials from persons who have made a declaration that the statements are accurate and not misleading;
not make statements that the packages are easy to use or can be used to quickly develop a profitable internet retail business unless a further statement is made of other factors which are relevant to their decision to purchase a website package;
distinguish between products and services which are included and not included in the price of the packages; and
only sell packages which can generate tax invoices, include "Australia Post" as a shipping option, have Australian dollars as a currency option and have a credit card processing facilities that can accept and process payments in Australian dollars.
The undertaking includes the payment of refunds to persons who assert in a Statutory Declaration that they purchased a package in reliance on a representation of the kind alleged in the Amended Statement of Claim filed by the ACCC.
Priceline Pty Limited stores supplied certain cosmetic products which did not comply with the Cosmetic Information Standard in that they did not have the ingredients listed on the containers, nor did they supply in-store signage or listings of ingredients as an alternative reference for customers.
Accordingly, Priceline has undertaken that it will:
implement and maintain a permanent fixture, developed by Priceline, which will be affixed to cosmetic display units in all Priceline stores, and that has plastic pockets for insertion of ingredients lists.