Game Farm Pty Ltd - s.87B undertaking

Company or individual details

  • Game Farm Pty Ltd
    001 417 465

Undertaking

The ACCC has accepted a section 87B undertaking from Game Farm Pty Ltd (Game Farm) following an investigation relating to breaches of the Australian Consumer Law (ACL), comprising Schedule 2 to the Competition and Consumer Act 2010 (the Act).

Game Farm acknowledges that it was likely to have contravened sections 18, 29(1)(a) and 33 of the ACL by representing on its packaging and website that its chicken, duck, quail, spatchcock and turkey are 'range reared', when in fact its birds are grown in large commercial sheds with no access to the outdoors.

The ACCC was particularly concerned about this conduct because the ACCC considers the representation 'range reared' to mean that the birds grown and raised by Game Farm are allowed to spend at least a substantial amount of their time outdoors on an open range.

To address the ACCC's concerns, Game Farm has provided the ACCC with a court-enforceable undertaking which requires Game Farm to:

  • Refrain from making false, misleading or deceptive representations that products produced and/or supplied are of a particular standard, quality, value, grade or composition;
  • Refrain from making false, misleading or deceptive representation that products produced and/or supplied by it are range reared;
  • Send a corrective letter to its major regular customers that in total account for approximately 90 per cent of Game Farm's product sales; and
  • Establish and implement a trade practices compliance program, which includes staff training and a complaints handling system.

Game Farm also paid two infringement notice penalties to the ACCC in the amount of $20,400 ($10,200 per infringement notice).

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