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Tasti Products Limited a New Zealand based company has given court enforceable undertakings under section 87B of the Trade Practices Act 1974 to the ACCC after it raised concerns that the overall impression created by the wording and pictorial images used on Weight Watchers cereal bar packaging may be misleading.
The products are manufactured and sold by Tasti Products Ltd under the Weight Watchers brand.
The ACCC was concerned that the packaging representations implied that the following products contained a significant amount of some individual fruits, when the ingredients listed the individual fruits at around 1% -1.5% of the total product.
Strawberry and Raspberry Duo fruit cereal bars
Raspberry Pie fruit cereal bars
Apricot Pie fruit cereal bars
Fruit of the Forest fruit cereal bars
Tasti Products Limited has undertaken to:
amend the packaging of the identified 'Weight Watchers' fruit cereal bars;
publish a corrective notice in a Saturday edition newspaper in each Australian State and Territory;
publish a corrective notice on its website www.tasti.co.nz;
review and implement changes to its Trade Practices law compliance program.
JB Hi Fi is a fully owned subsidiary of JB Hi-Fi Limited (an ASX listed company).
JB Hi Fi has provided a section 87B Undertaking to the ACCC following allegations that it entered into an agreement that may have contravened section 45 of the Trade Practices Act 1974 (the Act) on the basis that the agreement included an exclusionary provision.
It is alleged that JB Hi-Fi paid (I Can't Get No) Satisfaction (Satisfaction), a small-sized CD/DVD retailer in Ballarat, $150,000 to close its business and instructed its Solicitors to prepare a Restriction Agreement which it ultimately entered into with Satisfaction. This Restriction Agreement required that Satisfaction close its store and remain out of the market for 2 years, as well as containing a term requiring Satisfaction to arrange with the lessor not to re-let the premises to another CD/DVD retailer for 1 year.
Rite Price Wholesalers Pty Ltd (Rite Price) has provided court enforceable undertakings to the ACCC after one of the products Rite Price had imported and supplied to retailers did not comply with a mandatory consumer protection notice.
On 17 September 2007 a ban on products containing accessible materials with a lead migration of more than 90 milligrams per kilogram was introduced under Consumer Protection Notice No.