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Waverley Woollen Mills Pty Ltd (Waverley), has acknowledged that its "Product of Australia" labelling claims for its own-brand "Waverley Work Wear" jumpers were false and misleading in likely contravention of the Trade Practices Act (TPA).
While the fibre for the jumpers was spun in Australia, the jumpers were woven in Vietnam and imported into Australia.
Waverley sold its Work Wear jumpers through its factory outlet in Launceston, Tasmania, between October 2008 and February 2009.
Following ACCC intervention, Waverley voluntarily destroyed its remaining stock of its Work Wear jumpers.
Waverley has undertaken to publish an ACCC approved corrective notice on its website for two months and in a weekend edition of The Examiner newspaper in Launceston.
Waverley acknowledges in the corrective notice that by falsely describing its Work Wear jumpers as being "Product of Australia" it may be liable under the TPA to compensate consumers who purchased the jumpers.
Waverley directors and sales staff will also undertake a trade practices training course designed to ensure that they are aware of their responsibilities under the TPA, particularly in relation to country of origin claims.
First variation
On 26 May 2009 the ACCC accepted a variation to the s87B undertaking given by Kirin Holdings (Australia) Pty Ltd and National Foods to the ACCC on 24 July 2008.
Skins Compression Garments Pty Ltd (''Skins'') is the manufacturer of compression sports performance garments (“Skins products''), the supplier of Skins products to a distributor and retailers throughout Australia and a retailer of Skins products to the general public in Australia.
Skins Compression Garments Pty Ltd (''Skins'') is the manufacturer of compression sports performance garments (“Skins products''), the supplier of Skins products to a distributor and retailers throughout Australia and a retailer of Skins products to the general public in Australia.
Skins Compression Garments Pty Ltd (''Skins'') is the manufacturer of compression sports performance garments (“Skins products''), the supplier of Skins products to a distributor and retailers throughout Australia and a retailer of Skins products to the general public in Australia.
The LaManna Group companies (LaManna Bananas Pty Ltd, Verona Fruit Pty Ltd and LaManna Bananas (Adelaide) Pty Ltd), acting as horticulture produce agents, occasionally sold growers’ produce between their companies, as part of their distribution of produce across national markets.
The ACCC raised concerns that these transactions were not at arm's length and that the companies may not have, in every case, properly obtained growers' consent, as required under the Horticulture Code of Conduct.
LaManna Bananas Pty Ltd, on behalf of the LaManna Group companies, has undertaken that it will:
advise potentially affected growers of the ACCC's concerns
establish a special process to deal with any growers who raise concerns about sales of their produce
report to the ACCC on any grower's complaint that it could not resolve under that process, and
implement a trade practices compliance program to help it avoid future code breaches.