Outback Juice Company - s.87B undertaking

The Outback Juice Company ("OJC") made claims on the labels of its orange juice products that it was "100% Fresh Orange Juice" and "100% Orange Juice Squeezed Daily". OJC has admitted that its products did not contain 100% orange juice as represented on its labels but contained added cane sugar and preservatives. Further, OJC acknowledges that its representations on the labels were false and misleading in contravention of sections 52, 53(a) and 55 of the Act. OJC has ceased production of orange juice products and has closed its manufacturing plant.

OJC has provided a court enforceable undertaking that should it decide to recommence operations it will:

a) Notify the Commission of its decision not less than 30 days before operations recommence;

b) Not engage in conduct that is misleading and deceptive, falsely represents that the juice products are of a particular quality, grade or composition, or is likely to mislead the public as to the nature, the manufacturing process or the characteristics of the juice products, in contravention of sections 52, 53 and 55 of the Trade Practices Act 1974, by making representations that juice products are "100%" or "100% fresh" where the juice products contain:

• added sugars or other sweetening products; and
• the juice products contain one or more preservatives.

c) Implement a trade practices compliance program.

Three officers of OJC have also provided court enforceable undertakings in relation to the conduct.