Undertaking date

Undertaking type

s.87B undertaking

Reference number

D05/23108

Section

s52, s53(a), s53(c), s55

Company or individual details

  • Name

    Berri Limited

    ACN

    008 007 889

Undertaking

Berri Limited has provided a Court enforceable undertaking to the ACCC in respect of its Fruitful Superjuice range of products which the ACCC alleged contravened sections 52, 52(a), 53(c), and 55 of the Trade Practices Act.

Berri Limited represented its Green Zone Fruitful Super Juice product contained a 'shot' of wheatgrass, barley grass and spirulinas (grass additives) when it contained amounts of each of the green additives in quantities less than a 'shot'. Berri Limited represented its Green Zone, Immune and Kickstart Fruitful Super Juice products did not contain concentrates when the grass additives and other herbal additives contained in its three products were added in a concentrated powder form.

In the Undertaking, Berri Limited acknowledges that its Green Zone product has already been reformulated to accord with its product claims and Berri LimitBed undertook to clarify that the 'no concentrates' representation referred to the fruit juice component of the product.

Berri Limited undertook to clarify and assist consumer awareness by stating on its product packaging the quantity of its grass and herbal additives in the form of milligrams as well as by volume.

Berri Limited also undertook to distribute to members of the Australian Fruit Juice Association via a newsletter information concerning this conduct and the ACCC's concerns.