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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.