MOO Premium Foods Pty Ltd

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from MOO Premium Foods Pty Ltd (MOO) in relation to false and misleading representations regarding its yoghurt product packaging that were likely to contravene sections 18, 29(1)(a), 29(1)(g) and 33 of the Australian Consumer Law (ACL).

MOO manufactures and supplies yoghurt products which are sold in supermarkets and in convenience stores to consumers in Australia.  

Between at least November 2021 to the date of the undertaking, MOO made representations on the packaging of its yoghurt products, and on its website and social media platforms, that the packaging was made from ‘100% ocean plastic’ which gave the impression it was made from plastic waste collected directly from the ocean (Ocean Plastic Representations).  

The ACCC was concerned that the Ocean Plastic Representations gave consumers the impression that the recycled plastic waste was collected directly from the ocean, when in fact the packaging of MOO’s product was made from what MOO described as ‘reclaimed ocean bound plastic’, being abandoned plastic waste that was collected within 50km of the shoreline in regions where waste management is inexistent or inefficient.

MOO has co-operated with and responded to the ACCC’s enquiries regarding the conduct of concern. MOO has made admissions in the undertaking that its conduct, as described above, was likely to have contravened sections 18, 29(1)(a), 29(1)(g), and 33 of the ACL.

As a result of the ACCC’s investigation and in response to the ACCC’s concerns, MOO provided the ACCC with a section 87B undertaking that for a period of 3 years it will:

• update the packaging design of its yoghurt products to stop making the Ocean Plastic Representations, and conduct a comprehensive review of MOO’s website and social media platforms to ensure all ‘ocean plastic’ claims are removed;
• conduct internal audits relating to the nature and location of the ‘ocean bound plastic’ resin used in MOO’s yoghurt product packaging; and
• establish and implement a compliance program.

MOO has also agreed that, within 7 days of commencement of the undertaking, MOO will publish a corrective notice on its website and social media which will remain in place for a period of 60 consecutive days. 

MOO’s conduct falls under the ACCC's compliance and enforcement priority relating to environmental and sustainability claims.