Monde Nissin (Australia) Pty Ltd trading as Menora Foods - s.87B undertaking

Company or individual details

  • Monde Nissin (Australia) Pty Ltd trading as Menora Foods
    169 518 325

Undertaking

The ACCC has accepted a court enforceable undertaking from Monde Nissin (Australia) Pty Ltd trading as Menora Foods (Menora) in relation to claims about its oregano product, following an investigation into breaches of the Australian Consumer Law (ACL), contained in Schedule 2 of the Competition and Consumer Act 2010 (CCA).

Menora is a food marketing and distribution company. Menora distributes products under the Menora brand and other brands. Menora distributes oregano to a number of retailers and food services across VIC, NSW, WA and SA. Menora’s oregano sales volume in 2015 was 61,480 units.

From 1 October 2015 to 1 March 2016, Menora made representations through statements on the packaging of its oregano product that the product contained only oregano, other than possible traces of tree nuts, peanuts, wheat, sesame seeds and soy. Test results indicate the substantial presence of olive leaves in the product.

The ACCC raised its concerns regarding the sale of Menora's oregano product with Menora. In response, Menora:

  • put a hold on all oregano in its supply chain, and
  • proposed to obtain an independent certificate of analysis certifying that its current oregano is unadulterated.

To address the ACCC’s concerns, Menora has offered the ACCC a court enforceable undertaking that it will, for a period of three years:

  • not represent that a product it supplies or offers for supply is only oregano unless the product contains only oregano, other than traces of tree nuts, peanuts, wheat, sesame seeds and soy
  • annually, obtain written evidence which confirms a laboratory has tested one sample of the product supplied and represented by Menora as only oregano and found it contains only oregano, other than traces of tree nuts, peanuts, wheat, sesame seeds and soy
  • establish and implement a process for annual testing of the composition of random samples of herb or spice products supplied by Menora, other than oregano
  • retain for three years the test results obtained and if requested, provide the ACCC with a copy of those test results, and
  • not represent any of its herb or spice products are of a certain standard, quality, value, grade or composition without a reasonable basis for making such a representation.
  • ensure that a regular practical training course on consumer law compliance will be provided to all employees whose duties could result in them being concerned with conduct that may contravene Part 3-1 of the ACL.
  • notify retailers and consumers of the alleged conduct and the resolution agreed with the ACCC, and
  • publish on Menora’s website a corrective notice.

Amendment

With the consent of Menora, the first page of the undertaking was amended on 21 November 2016 to clarify the background to this matter.