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On 22 April 2009, the ACCC accepted the undertaking of Manoj Kumar Patnaik, a director of Toll Holdings Ltd and/or its related bodies corporate. Under the undertaking Manoj Kumar Patnaik agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano. In addition, Manoj Kumar Patnaik must immediately resign from all positions within Toll, and take no further part in the company if he ceases to meet the requisite standards of independence. The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006.

Kogan Technologies Pty Ltd (Kogan) is an online retailer of Kogan branded home entertainment products through its website, www.kogan.com.au. In November 2008, Kogan, through its website and an advertisement in the Herald Sun (Melbourne) made representations to the effect that various Kogan products were 'Now only $X (Save Y%)' and consumers could 'Save over $X' on several Kogan products. The ACCC raised concerns that these savings were not genuine as Kogan had never previously advertised or sold these products at the higher non-sale price.

During June 2007 to February 2009 M2 Telecommunications represented on its Simply Mobiles website to the effect that: M2 Telecommunications was not required to provide refunds and mobile phone manufacturers were responsible for all warranty claims on mobile phones sold through the Simply Mobiles website.  The ACCC was concerned that the warranty representations may have misled consumers because express warranties offered by mobile phone manufacturers are in addition to, and not in the place of, the statutory rights available to consumers under the Act.  These statutory rights entitle consumers to a refund from a retailer in certain circumstances and cannot be excluded; preconfigured software will not have an impact on a customer’s ability to use the mobile phone on any other compatible Australian mobile network.  The ACCC was concerned that the preconfigured software representations may have misled consumers because the existence of preconfigured software does or could have such an impact in certain circumstances; and certain mobile phones sold through the Simply Mobiles website were compatible with all Australian 3G networks.  The ACCC was concerned that the network representations may have misled consumers because  those mobile phones were not compatible with Telstra's NextG network. M2 Telecommunications has acknowledged the ACCC’s concerns that consumers may have been misled and deceived by the representations in contravention of sections 52, 53(c) and 53(g) of the Act. M2 Telecommunications has offered the ACCC a section 87B undertaking that it will: not make similar representations in the future; offer affected consumers redress in the form of replacement mobile phones or refunds; publish a corrective notice on its website; publish an information article in a telecommunications industry journal; and review and maintain its Trade Practices Compliance Program.

Coast to Coast Imports Pty Ltd is an importer and wholesaler of consumer products and supplies to retail outlets throughout Australia. In October 2008, as part of marketplace monitoring, ACCC staff purchased a packet of elastic luggage straps (“6 Pce Stretch Cord 12’18’24) from a retail outlet located in Perth.

Natural Products of Australia Pty Ltd (Natural Instinct) is a manufacturer, wholesaler and distributor of a hair and skin care products, and household cleaning products. Natural Instinct has acknowledged that it may have breached sections 52, 53(a), 55 and 65D of the Trade Practices Act 1974 (the Act) in the labelling of some of its products and in brochures distributed by Natural Instinct. In particular, until on or about 30 June 2008: Natural Instinct did not include sodium laureth sulphate (plant derived), cocamide DEA, cetrimonium chloride and citric acid as ingredients on the labels of some of its products, as required by the Trade Practices (Consumer Product Information Standards) (Cosmetic) Regulations 1991 (the Standard). Natural Instinct did not list ingredients in the order required by the Standard. Natural Instinct did not correctly name certain chemicals and ingredients, as required by the Standard. The ACCC also expressed concern that statements by Natural Instinct that its products are “made with/from 100% pure oils and certified organic herbs” may be misleading or deceptive because they imply that the products contain significant amounts of herbs and oils, when certain products only contain 0.2% to 0.6% of herbs and oils. The ACCC considers that this conduct may breach sections 52, 53(a) and 55 of the Act.  While Natural Instinct does not admit that this conduct breaches the Act, it has amended the representations to state that the products “contain” pure essential oils and organic herbs. Under the court enforceable undertaking Natural Instinct has agreed to place corrective notices; cease the contravening conduct; provide refunds to affected customers; and to implement a Trade Practices Compliance Program.