Berri Limited - s.87B undertaking

In January 1999 the Commission expressed concerns about Berri's labelling and advertising of its Frusion products. Specifically, the Commission was of the opinion that the product labelling may be misleading in terms of sections 52 and 53(a) of the Act, as the words "From 100% whole fruit" appeared on the front labels of the product, when the products are actually made from reconstituted fruit juice and fruit purees. In addition, some named flavours differed substantially from the actual ingredients, as the major ingredient in each product is reconstituted grape juice. Berri acknowledges that consumers may have been misled about the products contents and has agreed to give undertakings in accordance with section 87B of the Act. Berri undertakes not to advertise Frusion as being produced from whole fruit where this is not the case; Berri will not supply Frusion after 10 February 1999 unless the words "From 100% whole fruit" are omitted from the product labels; Berri will use its best endeavours to remove point of sale advertising (to be completed by 15 April 1999); Berri will (by Sunday 6 February 1999) place advertisements in specified National and State newspapers in a form agreed to by the parties; Berri will refund the full purchase price of the product to any consumer who feels they have been misled by the advertising; Berri will, by 4 February 1999, pay $7000 towards the Commission's costs in this matter.