Undertaking date

Undertaking type

s.87B undertaking

Reference number

D03/1255

Section

s. 65D(1)

Company or individual details

  • Name

    Private Formula International Pty Ltd

    ACN

    095 451 442

Undertaking

Private Formula has given the Australian Competition and Consumer Commission court-enforceable undertakings under section 87B of the Trade Practices Act 1974 that it will re-label the cosmetic products, Dr LeWinns Cosmetic Lift Pack, containing A+ Revita Cell, and Dr LeWinns Cosmetic Lift Powder, which did not comply with the mandatory product ingredient labelling requirements.

Following an approach by the ACCC, the company initially advised it was aware of the issue and had already taken steps to address the problem. Those steps included providing retailers with new ingredient information, re-labelling of new products, and the introduction of procedures to ensure compliance with the standard.

However, the ACCC again became aware that incorrectly labelled product remained on sale at some retail outlets. As a result Private Formula acknowledged its endeavours to have retailers amend the labelling was not as successful as anticipated.

In resolving this matter with the ACCC, Private Formula has provided a court-enforceable undertaking to:

  • stop distribution of the product which does not meet the mandatory standard;
  • implement procedures to re-label all old stock in the marketplace;
  • publish corrective advertising in newspapers and retail outlets;
  • implement a trade practices compliance program; and
  • institute an effective complaint handling system.

Attachments